Reported at 31 B.R. 79. Under the law in effect on the petition date (prior to the effective date of the Omnibus Reconciliation Act of 1981), a debt for child support assigned by the recipient to a third party is dischargeable to the extent of the assignm
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Reported at 31 B.R. 77. Under the plain language of section 523(a)(5)(A), a debt for child support arising in connection with a paternity decree rather than a separation agreement, divorce decree, or property settlement agreement is dischargeable
A "claim" is the actual debt, not the physical document filed with the court as proof of the claim. When a debtor uses Chapter 13 to attempt to preserve a small business, he becomes bound to pay the secured creditor the going-concern value of that busines
District court order that affirms the bankruptcy court's opinion of Aug. 23, 1982, that the landlord's actions to obtain possession of a residence leased to debtor were not unlawful, willful or malicious, and did not result in a non-dischargeable debt
The district court affirmed, as not clearly erroneous or an abuse of discretion, the bankruptcy court's decision to deny confirmation of the debtor's plan for lack of good faith under section 1325(a)(3) and to convert the case to a Chapter 7 proceeding
District court order affirming 22 B.R. 356. An attaching creditor is not an agent or custodian under the Bankruptcy Code & can't recover administrative expenses because it preserved the property for its own benefit, not for the benefit of all creditors
District court affirmed the bankruptcy court's order regarding the debtor's ineligibility for Chapter 13 on the basis that disputed debt counts in the total debt calculation, but reversed as to the bankruptcy court's sua sponte dismissal of the case
Real property in a spendthrift trust for the debtor's benefit property of the estate, as debtor held atlease an equitable interest in the property. The effect on creditors of the spendthrift provision's restriction on alienation wasn't decided
District court affirmed the confirmation of a creditor's liquidating plan over the objection of the debtor-farmer, ruling that nothing in section 1123(b)(4) protects farmers from liquidation, particularly when the debtor didn't file its own plan
The debtor's former wife was found in contempt for having taken actions which violated the automatic stay with regard to disputed property. However, the court declined to impose sanctions upon her