The court granted leave to debtor to file an amended complaint, which should take into account a release of certain claims executed by the parties. The amended complaint should also clarify the defendants involved and whether there is a jury demand.
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An unperfected lien in a motor vehicle is avoidable by the Chapter 7 trustee and is preserved for the benefit of the estate. The debtors cannot use the amount of the avoided lien to increase their exemptions over and above their equity in the vehicle.
Pursuant to § 511, the rate of interest to be paid on tax claims, including tax sale certificates, is the rate as determined under applicable nonbankruptcy law. In Nebraska, that is the statutory interest rate of 14 percent.
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.
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.
Richard Myers, Trustee v. Maureen Raynor (In re John Raynor), BK04-83112, A06-8105, Ch. 7 01/26/2007
The time limit set out in 11 U.S.C. 546(a) is a statute of limitations and is not jurisdictional. The two-year period begins running on the day after the bankruptcy petition is filed, and therefore expires on the second anniversary of the petition date
Affirmed at 617 F.3d 1065 (8th Cir. 2010). The time limit in § 546(a) is a statute of limitations. The two-year period begins running on the day after the bankruptcy petition is filed, and expires on the second anniversary of the petition date.
U.S. Trustee's motion to dismiss for abuse under §§ 707(b)(2) and 707(b)(3) is granted. Debtors may not deduct excess housing costs in means test, and living in an expensive area does not constitute a "special circumstance" to rebut presumed abuse.
The court asked the United States Attorney to review the debtor's sale of property of the bankruptcy estate without court authorization. The secured creditor did not receive the proceeds of the sale, and the buyer did not receive title to the property.
The secured creditor on a vehicle sold by the debtor without proper court authorization was not properly served with notice in the buyer's non-dischargeability action against the debtor and did not need to be involved in that litigation.