Published at 370 B.R. 812. The Chapter 13 discharge prohibition period introduced by BAPCPA in § 1328(f) and directed at serial bankruptcy filings begins to run on the date the previous case was filed, rather than on the date the discharge was entered.

Reported at 368 B.R. 5. When multiple vehicles serve as collateral, § 1325(a)(9) applies to the purchase money security interest incurred within 910 days of filing, so the debtor may pay that portion of the claim in full or surrender that collateral.

The means test calculation showed a significant amount of disposable income as a result of the debtor's wife's contributions toward household expenses, so a presumption of abuse arose under § 707(b)(2) and the case should be converted or dismissed.

Motion to amend claim denied. If creditor has tax sale certificate or taxes not addressed or paid through the plan, it is a secured claim paid outside of plan. Lien for tax claim survives, and if not paid, creditor can seek relief from stay to foreclose.

This adversary proceeding to identify and require turnover of certain property alleged to be property of the estate is a core proceeding created by Title 11. It should not be dismissed for lack of subject-matter jurisdiction under Stern v. Marshall.

Abstention was appropriate because this case involved litigation between non-debtor parties and required the application of state law regarding liens to evaluate each party's claim and determine their respective rights to available proceeds.

The court denied the defendant's motion to dismiss the adversary. By failing to timely object, defendant waived his arguments regarding the validity of the extension of the avoidance action statute of limitations granted to the bankruptcy trustee.

The court analyzed jury trial rights in bankruptcy and ruled that by filing a counterclaim against the bankruptcy estate in an adversary proceeding, which is akin to filing a claim in the bankruptcy case, the creditor waived its right to a jury trial.

The trustee's objection to claim was sustained as to invoices for services performed more than four years before the creditor filed a collection action against the debtor. Those invoices fell outside the statute of limitations for oral contracts.

The debtor's motion for summary judgment was denied because the debtor's actions in refusing to turn over check proceeds upon which the plaintiff held an attorney's lien may render the debt non-dischargeable under § 523(a)(2)(A) or § 523(a)(4).