The court sustained debtor’s objection to credit card companies’ claims on the basis of the debtor’s testimony that he has never had an account with one of the companies and has not used the other account in years and has received no billing statements.
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The automatic stay barred a condominium association’s efforts to collect post-confirmation assessments from the debtors because the estate property hadn’t yet revested in the debtors, but the debt was excepted from discharge under § 523(a)(16).
The labor department’s adjudication that the debtor willfully misrepresented her income in order to receive excess unemployment benefits was preclusive in the department’s § 523(a)(2)(A) action to except the overpayment debt from discharge.
The debtor signed commercial guaranties of the obligations of two limited liability companies of which she was a member/owner. The guaranties were absolute, unconditional, and non-contingent, bringing the debt total above the Chapter 13 limit.
Debtor’s pre-petition oral promise to reaffirm a debt to the bank was not a false representation because he testified that until he saw his bankruptcy schedules, he intended to repay the bank. It also would be void as a pre-petition waiver of discharge.
Debtor’s bankruptcy estate is contractually and equitably entitled to the cash value of the life insurance on the defendant to reimburse debtor for the policy premiums it paid. Any excess cash value should be go to the defendant’s bankruptcy estate.
The debtors filed a Chapter 13 case within six years of receiving a Chapter 13 discharge. They converted the case to Chapter 7, but cannot obtain discharge due to § 727(a)(9), despite being eligible for discharge had the case been filed as a Chapter 7.
The debtor, who on the petition date was unmarried with no dependents, was not a head of household for purposes of claiming a homestead exemption. Although his girlfriend lived with him, the circumstances did not fall within any subsection of § 40-115.
An unsecured junior lien on debtor’s residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The bankruptcy court’s Sanders decision, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
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.