Bankruptcy Court for the Eastern District of Washington Court Cases

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  1. In Re Casey (2006)

    This case challenges the Court to define the role to be played by the Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income (Form B22C) in determining whether a Chapter 13 debtor has proposed a plan which will pay all projected disposable income as required by 11 U.S.C. § 1325(b)(1). The challenge arose from the Trustee's objection to confirmation of this debtor's proposed Chapter 13 plan.


    Court: Bankruptcy Court for the Eastern District of Washington Docket: 06-01195-PCW13
  2. In Re Armstrong (2007)

    Nathan and Georgena Armstrong filed a voluntary petition for relief under Chapter 13 on October 3, 2006. Chapter 13 debtors are required to devote all projected disposable income to repayment of unsecured creditors. The amount of disposable income required to be paid is calculated pursuant to 11 U.S.C. § 1325(b)(1)(B). The implementing form is the Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income (Form B22C). The Form B22C filed in this case on [...]

    Court: Bankruptcy Court for the Eastern District of Washington Docket: 06-02476-PCW13
  3. In Re Doherty (1999)

    A creditor attempted to seize funds held by the Chapter 13 Trustee following dismissal of the Debtor's case but prior to distribution of the funds held by the Chapter 13 Trustee. The Chapter 13 Trustee moved to quash the creditor's attempt to seize.


    Court: Bankruptcy Court for the Eastern District of Washington Docket: Bankruptcy No. 96-04391-R33
  4. In Re Keller (1993)

    This court has jurisdiction of this matter pursuant to 28 U.S.C. § 1334(a) (the district courts shall have original and exclusive jurisdiction of all cases under Title 11), 28 U.S.C. § 157(a) (authorizing the district courts to refer all Title 11 cases and proceedings to the bankruptcy judges for the district), and Local Rule 29 of the United States District Court for the Eastern District of Washington (referring all cases under Title 11 and all proceedings arising under Title 11 or arising [...]

    Court: Bankruptcy Court for the Eastern District of Washington Docket: 91-01977-R41
  5. In Re Morse (1994)

    This court has jurisdiction of this matter pursuant to 28 U.S.C. § 1334(a) (the district courts shall have original and exclusive jurisdiction of all cases under Title 11) and 28 U.S.C. § 1334(d) (the district court in which a case under title 11 is commenced or is pending shall have exclusive jurisdiction of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate), 28 U.S.C. § 157(a) (authorizing the district courts to refer all [...]

    Court: Bankruptcy Court for the Eastern District of Washington Docket: Bankruptcy No. 93-01845-R5E
  6. In Re Norquist (1984)

    The issue in this case is whether the debtor-in-possession may avoid the impact of a "Covenant Not to Compete" by rejecting his partnership agreement as an executory contract under 11 U.S.C. § 365.


    Court: Bankruptcy Court for the Eastern District of Washington Docket: Bankruptcy No. 84-00575-114
  7. In Re Patton (2001)

    These summary judgment motions involve a common issue raised in five adversary proceedings pending before the Court. The issue raised in each of the cases is whether the provisions of a confirmed Chapter 13 plan dealing with discharge of student loan debt can be attacked post confirmation on the basis that the provisions are contrary to the Bankruptcy Code, when the aggrieved creditor had notice of the plan and failed to object to confirmation or appeal the confirmation order.


    Court: Bankruptcy Court for the Eastern District of Washington Docket: Bankruptcy Nos. 99-01040-R33, 99-02877-R33, 99-07300-R33, 99-05334-R33, 99-05445-R33. Adversary Nos. A00-00177-R33, A00-00185-R33, A00-00192-R33, A00-00193-R33, 00-00219-R33
  8. In Re Metropolitan Mortg. & Securities Co., Inc. (2005)

    This controversy arises out of two conflicting legal philosophies; one found in insurance law and one found in bankruptcy law. When multiple claims exist against an insurance policy, the distribution scheme is based upon a race with the fleetest claimant winning the policy proceeds. When multiple claims in bankruptcy exist against an insolvent debtor, the distribution scheme is based upon equitable distribution. When the asset to be distributed is insurance proceeds arising from an insurance [...]

    Court: Bankruptcy Court for the Eastern District of Washington Docket: Bankruptcy No. 04-00757-W11, Bankruptcy No. 04-00756-W1B, Adversary No. 04-00061-W11
  9. In Re Catholic Bishop of Spokane (2005)

    This controversy arises under 11 U.S.C. § 541 which is the section of the Bankruptcy Code which defines property of the bankruptcy estate. The Catholic Diocese of Spokane voluntarily commenced a Chapter 11 reorganization listing numerous parcels and items of real and personal property on its schedules as "property held for another" which property is in the possession of other members of the diocesan family. The debtor contends that, with certain exceptions, the individual parishes, schools, [...]

    Court: Bankruptcy Court for the Eastern District of Washington Docket: Bankruptcy No. 04-08822-PCW11, Adversary No. 05-80038-PCW
  10. Keith T. Hageney and Carolyn J. Hageney (2009)

    THIS MATTER comes before the Court on the U.S. Trustee's Motion to Dismiss the Chapter 7 for Abuse pursuant to 11 U.S.C. § 707(b). The U.S. Trustee is seeking a finding of abuse under the provisions of both § 707(b)(2), which provides for a statutory presumption of abuse in certain cases, and § 707(b)(3), which provides for a finding of abuse when either (a) the debtor has filed the petition in bad faith, or (b) the totality of the circumstances of the debtor's financial situation [...]

    Court: Bankruptcy Court for the Eastern District of Washington Docket: 08-04506-PCW7
  11. In Re McDaniel (1988)

    Debtors William F. McDaniel and Janice F. McDaniel in January, 1981, executed a contract to purchase improved commercial real estate from sellers Carmen L. Bliss and Leona Bliss. This contract was recorded in February of 1981. The property is located in Tonasket, Washington, and is known in that community as the Whitestone Building. The ground floor of the building presently includes four commercial storefronts on the street side, and six apartments in the rear. The second story of the building [...]

    Court: Bankruptcy Court for the Eastern District of Washington Docket: Bankruptcy No. 87-02423-K41
  12. In Re Samaniego (1998)

    The Debtors filed a case under Chapter 13 of the Bankruptcy Code, December 24, 1997. Thomas Biehl and Harold Apol, dba AB Investments filed a motion to annul the automatic stay to validate their post petition recording of four tax deeds based on pre petition purchases of debtor's real property at foreclosure sales. The debtors objected to the motion and moved to avoid the transfer of property. This is a core proceeding under 28 U.S.C. 157(b)(2)(G) and (H) and the court has jurisdiction to hear [...]

    Court: Bankruptcy Court for the Eastern District of Washington Docket: Bankruptcy No. 97-06944-R33
  13. In Re Stone (1990)

    This trilogy of cases presents various issues regarding a debtor's power under Section 522(f)(1) of the Bankruptcy Code to avoid liens awarded to the debtor's former spouse to secure a property division in the course of a marital dissolution.[1] These cases have been consolidated for argument and decision for the convenience of the court. § 522(f)(1) allows the avoiding of "judicial liens" to the extent such liens impair the debtor's exemptions.


    Court: Bankruptcy Court for the Eastern District of Washington Docket: Bankruptcy Nos. 88-03102-R3K, 88-02842-R3C and 88-03346-K13
  14. In Re Games (1997)

    Donald L. Games and Shilo A. Games are husband and wife. They have five children ranging in ages from nine years old to a baby six months old. Donald Games is employed as an ironworker by Mountain States Construction. The Debtors' home is a substantial distance from the husband's place of employment.


    Court: Bankruptcy Court for the Eastern District of Washington Docket: Bankruptcy No. 96-03777-R33
  15. In Re Arnoux (2010)

    This matter is before the court on the motion for partial summary judgment filed by the United States Trustee ("Trustee") to dismiss for abuse debtor Julianne Arnoux's petition for chapter 7 relief. The Trustee's motion asks this court to declare that the income listed on the debtor's Official Form B22A ("B22A") is incorrect and to order her to enter a different amount, which would make her an above median income debtor for means test purposes. The sole issue is whether the definition of [...]

    Court: Bankruptcy Court for the Eastern District of Washington Docket: 09-04778-FLK
  16. In Re Stanton (1999)

    This adversary proceeding was filed by Gregory Beeler, Chapter 7 Trustee in the bankruptcy of Kevin and Maryann Stanton, cause number 94-02481-R3B. The proceeding was brought against Kevin and Maryann Stanton, International Factors Inc., and Fleet Manufacturing Inc. Kevin and Maryann Stanton were dismissed as defendants on February 27, 1997[1]. International Factors filed an answer and actively defended its position.[2] Fleet Manufacturing did not appear and defend in this matter.

    Court: Bankruptcy Court for the Eastern District of Washington Docket: Bankruptcy No. 94-02481-R3B. Adversary No. A96-0169-R3B
  17. In Re Barton (2000)

    THIS MATTER came on for hearing before the Honorable Patricia C. Williams on March 14, 2000 upon the Debtor's Objection to creditor Ford Motor Credit Company's claim. The debtor was represented by John Campbell; creditor Ford Motor Credit Company was represented by Richard Hayden; and the Chapter 13 Trustee was represented by Joseph Harkrader. The court reviewed the files and records herein, heard argument of counsel and was fully advised in the premises. The court now enters its Memorandum [...]

    Court: Bankruptcy Court for the Eastern District of Washington Docket: 98-03294-W13
  18. In Re Wilson (1980)

    On April 9, 1980 a hearing was held on the trustee's objection to the debtors' claim of exempt property listed in schedule B-4 of their joint petition. Representing Mr. and Mrs. Wilson was Mr. Stephen M. Brown of Yakima, Washington. Acting as duly appointed trustee was Mr. Arthur W. Kirschenmann of the law firm of Kirschenmann, Devine & Fortier, Inc., P.S.


    Court: Bankruptcy Court for the Eastern District of Washington Docket: Bankruptcy No. 80-00295
  19. In Re Slater (1995)

    The Debtor and Maxine Slater dissolved their marriage in 1987. A judgment was thereafter entered against the Debtor requiring him to pay $24,508.84 in back child support and spousal maintenance. The Debtor filed for relief under Chapter 13 of the Bankruptcy Code and proposed a plan which would pay the full amount of the child support obligation. Maxine Slater objected to the Debtor's plan because it included her non-dischargeable debt, it did not provide interest on her claim, and it proposed [...]

    Court: Bankruptcy Court for the Eastern District of Washington Docket: Bankruptcy No. 93-03036-K13
  20. In Re Sundance Corp., Inc. (1993)

    This court has jurisdiction of this matter pursuant to 28 U.S.C. § 1334(a) (the district courts shall have original and exclusive jurisdiction of all cases under Title 11) and 28 U.S.C. § 157(a) (authorizing the district courts to refer all Title 11 cases and proceedings to the bankruptcy judges for the district). This matter is a core proceeding under 28 U.S.C. Section 157(b)(2)(B) and (O).


    Court: Bankruptcy Court for the Eastern District of Washington Docket: Bankruptcy No. 88-01246-R41

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