The court allowed hold-over rent at the pre-negotiated rate and the amount of damage resulting from the Debtor's removal of an alarm system upon vacating the property as an administrative expenses to the purchaser of real property formerly occupied by the Debtor.  The Claimant failed to satisfy its burden of proof with regard to a counter the Debtor removed from the property. 

The court granted the U.S. Trustee's motion to dismiss pursuant to 11 U.S.C. section 707(b) because the Debtor's case constituted substantial abuse. The court considered that the Debtor could pay more than 28% of his scheduled unsecured debt over a thirty-six month plan, the filing was not due to some unforeseen tragedy, the Debtor and his wife incurred consumer obligations far beyond their ability to pay and their household expenditures were excessive, and that the Debtor materially understated his wife's income, albeit unintentionally.

The Chapter 7 trustee filed a motion for turnover of a vehicle to the bankruptcy estate pursuant to 11 U.S.C. §§ 521(a)(4), 542(a).  Although the certificate of title for the vehicle showing a lien on the face of the certificate serves as notice of the lien pursuant to Va. Code § 46.2-638, it does not prove the existence of that lien.  The showing of the lien on the certificate of title only provides notice that a lien may exist and invites inquiry by the fact-finder as to its validity.  Accordingly, the Court held that the vehicle is property of the estate until proven otherwise and must be turned over to the trustee.

A secured creditor filed a motion for relief from the automatic stay of 11 U.S.C. § 362 because the Debtors did not make a balloon payment as required under the original contract, and instead, made monthly installment payments as provided for under their confirmed Chapter 13 plan.  11 U.S.C. § 1327(a) provides that once a plan is confirmed, the debtor and each creditor are bound by the terms of the plan, regardless of whether the plan provides for the creditor's claim, and regardless of whether such creditor has raised an objection, accepted, or has rejected the plan.  See 11 U.S.C. § 1327(a).  Accordingly, the Court denied the creditor's motion for relief, finding that the plain language of the Debtors' Chapter 13 plan sets the amount to be paid to the creditor for the length of the plan and the balloon payment was not included in the language of the plan.  The creditor will still retain a lien on the collateral for the amount of the claim not paid under the plan, until their allowed claim is paid in full; however, the plan sets forth the terms and amount of payment for the claim.