The bank's motion for relief was denied because the debtor provided sufficient evidence of the likelihood of a successful reorganization. Specific issues regarding feasibility of the debtor's plan would be addressed at the confirmation hearing.
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The court denied the bank's motion for relief to foreclose its liens. There was an equity cushion in the property. Moreover, the property was necessary for the reorganization of a related entity, so it was necessary for the debtor's reorganization.
After a trial upon remand, the court determined the scope and valuation of the debtor's fixtures, the extent and priority of competing security interests in said fixtures, and the appropriate distribution of sale proceeds among secured creditors.
A "delayed deposit services business" that advanced cash to debtor holds an unsecured claim. Debtor's check was deemed dishonored under the UCC upon filing bankruptcy, so creditor can enforce either the check or the debt, neither of which is secured.
A "delayed deposit services business" which advanced cash to debtor holds an unsecured claim. Debtor's check was deemed dishonored under the UCC when she filed bankruptcy, so creditor can enforce either the check or the debt, neither of which is secured
Because the Code treats administrative claimants equally, the court sustained Chapter 7 trustee's § 726(b) objection to a request of Chapter 11 professionals who had disgorged funds to receive pro rata distribution from available Chapter 7 funds.
Case was converted from Chap. 11. Court sustained Ch. 7 trustee's objection under section 726(b) to request of Ch. 11 professionals who had disgorged funds to receive pro rata distribution from available Ch. 7 funds. Code treats admin. claimants equally
Debtor's schedules showed equity in her home. She purchased that equity interest from the trustee. Her motion to vacate the sale when she discovered that judgment liens had eliminated that equity was denied because she should have known of the liens.
Judgment for defendant-creditor on debtor's complaint that creditor failed to sell collateral in a commercially reasonable manner. The opinion discusses the theory of commercial reasonableness of a sale under U.C.C. Revised Article 9 & Iowa law.
A debt cannot be excepted from discharge under § 523(a)(9) on a theory of vicarious liability. The statute requires the debtor to have operated the vehicle and caused the harm, so the parents of the adult impaired driver cannot be liable for the debt.