Where a Chapter 13 debtor throughout her four bankruptcy cases disregarded strict compliance orders, had a pattern of filing on the eve of foreclosures and of filing excessive motions, the bankruptcy court properly found that the debtor unfairly manipulated the ...Read More »
Where debtors filed a motion to avoid a creditor’s nonpossessory, non-purchase money security interest in a truck, which was exempted under the state’s exemption statute, the bankruptcy court’s denial of the motion is reversed and remanded because even though under ...
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Where a debtor sought sanctions against a credit union for violating the automatic stay after the credit union continued to accept post-petition payments through what the creditor claimed was a one-step automatic deposit transaction that the debtor did not properly ...Read More »
(1) Where a debtor’s estate experienced continuing losses and she had unsuccessfully tried to confirm four plans in four years and the bankruptcy court found it unlikely a plan would be confirmed in the future due to lack of money, ...Read More »
Where debtor was found to be personally liable for a state court judgment against his concrete construction corporation in an action brought by a supplier, the bankruptcy court erred in finding the debt to be non-dischargeable and in piercing the ...Read More »
Where plaintiff sought payment of unclaimed funds as successor in interest to a Chapter 11 debtor’s sole shareholder, the confirmed plan expressly prohibited distribution of the unclaimed funds by the former debtor or any assignee, so the Bankruptcy Court correctly ...Read More »
Where Chapter 13 debtors owned their cars outright, the bankruptcy court erred in holding that they could claim vehicle ownership expense deductions because such expenses are not applicable under Section 707(b)(2)(A)(ii)(I). “The Wilsons argue, and many bankruptcy courts, including the ...Read More »