Service on a corporation should be made by mailing the summons and complaint to an officer or agent, not to the company itself or its law firm. If the defendant is an insured depository institution, service should be made by certified mail to an officer.
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The proof of claim filed by the debtor's former spouse was for a debt that constituted an equitable division of the parties' marital property, rather than a domestic support obligation, so it was not entitled to priority treatment.
As part of the parties' dissolution decree, the debtor was ordered to pay $50 per month to his former wife toward her student loans. The bankruptcy court ruled that the payment was in the nature of support and should be treated as such in the debtor's pla
Earl B. Mason v. Discover Fin. Servs. (In re Mason), Ch. 13, BK10-80464-TJM, A10-8023-TJM 08/26/2010
Service of process on the defendant was deficient because it was addressed to the company and its law firm. Service on a corporation is to be made on an officer or agent. Service on an insured depository institution is to be made on an officer.
Debtor's request to reinstate his dismissed Chapter 13 case and reimpose the automatic stay was denied because the schedules and proofs of claim clearly indicate that he cannot meet the debt limits to establish his eligibility for Chapter 13 relief.
The parties' vehicle lease was actually an installment sale/security agreement rather than a true lease. Accordingly, the debtors were entitled to the balance of the proceeds of an insurance check issued when the vehicle was totaled in an accident.
The debtor breached his contract to pay for his mother's retirement care, but he did not commit fraud, breach a fiduciary duty to the retirement home, or make a false oath or account by failing to disclose income, so he was entitled to a discharge.
After a trial, the bankruptcy court found the debt at issue to be dischargeable.
Debtor had borrowed money from the bank and granted a security interest in a vehicle to secure the promissory note. The bank did not obtain the vehicle’s certificate of title or note its lien on the title. The debtor later sold the car without notifying the bank and used the proceeds to pay other business debt. He continued to make payments to the bank for two more years, until succumbing to financial pressures and filing for Chapter 7 relief.
The bank filed this adversary proceeding to except the debt from discharge under § 523(a)(2)(A) for false pretenses, false representation, or actual fraud. The court ruled there was no evidence that the debtor intended to defraud or make a false representation to the bank at the time he obtained the loan. At most, the court said, the debtor may have breached the contractual security agreement, but breaches of contract are not excepted from discharge absent evidence of fraud.
Regardless of whether Nebraska law would recognize the children of debtor's life partner as the debtor's for homestead purposes, debtor can claim a homestead exemption as head of family because her adult child lives with & depends on her for support.
Because the debtor's family relied on charity, there was no evidence their financial situation would change significantly in the future, and the debtor was unable to make payments under the ICRP, repayment of her student loans would be a hardship.