The Chapter 13 debtor's proposal to classify certain judgment creditors as a special class and pay them less than the judgment amount was not in bad faith. The bankruptcy wasn't directed at these creditors, and debt may be dischargeable in a Chapter 7.
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Opinions
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Deborah Glinsmann v. Robert & Tina Funk (In re Funk), Ch. 7, BK03-42443-TJM, A04-4048-TJM 04/22/2005
Certain debts were dischargeable because the evidence at trial did not establish that the debtor intentionally made a false representation to plaintiffs induce them to sell their cows to him. Rather, he intended to pay them in full but was unable to.
Debtors borrowed money pre-petition in exchange for mortgage on unencumbered home equity. They used the $ to buy an exempt asset. Trustee objected to 3-year plan. Court said pre-petition planning is OK, but plan created a good-faith issue re. unsec. creds
Debt to lender determined to be non-dischargeable under 11 U.S.C. section 523(a)(2)(B) because debtor intentionally submitted 2 materially false loan applications on which the lender reasonably relied. Debtor intentionally failed to list all his debts
Summary judgment was granted to the lender on the issue of 11 U.S.C. section 552(b), finding that under the plain language of the statute, the bank's pre-petition security interest in milk should be given effect post-petition as well.
Summary judgment is denied because state court judgment on which plaintiffs rely doesn't address the same elements of fraud and defalcation by a fiduciary that need to be established to support a finding of non-dischargeability under section 523
Relief from stay granted to continue with arbitration proceedings. Factual disputes exist regarding the alleged breach and/or termination of the licensing agreement, & there is a strong presumption in favor of allowing arbitration proceedings to continue
Trustee's objection to claim of exemption in proceeds of settlement of wrongful death case was overruled. Nothing in Neb. Rev. Stat. section 25-1563.02 differentiates between proceeds received under either of the two wrongful death statutory schemes in Nebraska.
Summary judgment granted on cause of action under 11 U.S.C. section 523(a)(2)(A). The debtors did not respond to the motion or to discovery requests, so the requests for admissions were deemed admitted under Fed. R. Civ. P. 36(a) & Fed. R. Bankr. P. 7036
Published at 335 B.R. 428. Under Neb. Rev. Stat. section 25-1563.02, the full amount of a lump-sum or structured settlement as compensation for personal injury is exempt. The statutory language doesn't differentiate between exempt and non-exempt elements of the recovered damages.