Where Chapter 13 debtors did not receive credit counseling before filing their petition and did not obtain a waiver, dismissal of their case was appropriate since the debtors did not establish exigent circumstances. Judgment is affirmed.Read More »
Where debtors made a deposit from a 401k loan into their checking account shortly before their filing without disclosing the amount as a transfer of assets, the debtors acted in bad faith by asserting an exemption in the funds, and ...Read More »
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 »