Reported at 325 B.R. 842. Child support is property of the estate. Debtor was permitted to exempt tax refunds. Debtors and counsel should make sure schedules as filed contain complete, accurate information upon which trustee and creditors can rely.
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The debt owed to a surety which issued two performance bonds to the debtor's construction business was excepted from discharge under § 523(a)(2)(A) because the debtor forged his brother-in-law's signature on the required indemnity agreements.
Under Nebraska law, the trustee could not assume an executory title insurance contract for which debtor was an underwriting and processing agent. The other party to the contract therefore had a claim against the bankruptcy estate for the rejection.
"Cause" existed for appointing a trustee under § 1104(a)(1) when there was clear evidence of debtor's dishonesty, as well as mismanagement in not filing tax returns for four years. The debtor did not appear to be acting in the creditors' best interest.
The parties' divorce decree and property settlement agreement obligated the debtor to pay half of the daycare expenses. Those expenses were therefore in the nature of support and were entitled to priority claim status for plan payment purposes.
Under § 522(f), the debtors could avoid the portion of the lender's lien on their vehicle that impaired their exemptions in the vehicle. Under Rule 4003(d), the matter was properly brought by motion rather than as an adversary proceeding
The Chapter 7 trustee, in selling debtor's interest in a limited partnership, is bound by the terms of the partnership agreement and must comply with the agreement's procedures even if those procedures benefit the partnership more than the estate.
The court denied debtors' motion to assume an unexpired lease of farmland. The debtors were in default on the lease because they had not paid any rent for the year, and they lacked the ability to cure the default and offer adequate assurance to the owner.
The court denied summary judgment in an action to recover alleged preferential payments made to a vendor. Issues of material fact existed as to the statutory "subsequent new value" and "ordinary course of business" defenses asserted by the vendor.
Factual issues existed on the insolvency element of the preference statute in connection with the debtor's financial situation at the time he refinanced his house. The new lender could not use the concept of conventional subrogation as a defense.