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Category Archives: Decisions Of Interest



The recent case of In re McLain, 2007 WL 3124688 (Bkrtcy.N.D.N.Y.,2007) confronted the question of whether a debtor’s Chapter 13 Plan payments must increase as secured debts were paid off.
The Debtors filed a Chapter 13 case noting that they had three vehicle loans, all of which would mature during the course of their plan. […]



In the recent case of In re Boyd, 2007 WL 4248590 (Bankr.M.D.Pa. 2007) the court was confronted with the issue of whether a debtors’ $2400 per year contribution to their adult child attending college was necessary expense for the purposes of alculating disposable income in a Chapter 13 case. For this over-median debtor, the […]



This is the question posed in the recent case of In re Martiny, 2007 WL 3326585 (Bkrtcy.W.D.N.Y.,2007). The debtors, husband and wife, filed a Chapter 7 bankruptcy after entering into a contract to sell their residence at 90 East Terrace Avenue in Lakewood, New York. Before finalizing either step, Mr. and Mrs. Martiny used […]



The recent case of In re Mu’Min, 2007 WL 2791364 (Bkrtcy.E.D.Pa. 2007) the court held that the refusal of University of Pennsylvania to provide a transcript to a debtor, due to the existence of an unpaid, student loan debt that is nondischargeable under 11 U.S.C. ยง 523(a)(8), violates the automatic stay provision of the Bankruptcy […]



In the case of Munoz v. Pipestone Financial, LLC, Civil No. 04-4142 (JNE/SRN) (D.Minn. 8/30/2007), the Plaintiff claimed that Pipestone Financial, LLC, and Messerli & Kramer, P.A., (collectively, Defendants) violated the Fair Debt Collection Practices Act (FDCPA) by attempting to collect interest at an impermissible rate, misrepresenting their entitlement to attorney fees, and using envelopes […]