Debtor intentionally misrepresented his business connections and his ability to build a new shed for the creditors. They relied on those misrepresentations to their detriment. The debt owed to them was excepted from discharge under § 523(a)(2)(A).
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Debtor intentionally misrepresented his business connections and his ability to build a new shed for the creditors. They relied on those misrepresentations to their detriment. The debt owed to them was excepted from discharge under § 523(a)(2)(A).
The court granted the defendants' motion to dismiss the adversary complaint. The debtor failed to state claims against any of the defendants. Instead, it appeared debtor was attempting to collaterally attack an order granting relief from the stay.
The parties should be able to reach a consensus on the amount of fees due under a contingent fee agreement with the law firm that represented the debtor in litigation with the City of Omaha. If not, they may request mediation or litigate in state court.
A proposed compromise of a controversy under Rule 9019 is evaluated in terms of whether it is fair, equitable, & in the best interest of the estate. The standing of a debtor's shareholders to object to a settlement is limited to their status as creditors.
The debtor's officer had a contractual right to be paid a percentage of certain settlement proceeds for his assistance with the litigation. The court authorized his portion of the proceeds to be paid directly to one of his creditors on its claim.
An unsecured junior lien on debtor's residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The bankruptcy court's Sanders decision, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
The court granted summary judgment to the IRS in this adversary proceeding in which the plaintiffs, who held a claim against the bankruptcy estate for unpaid ERISA plan payments, sought to use equitable estoppel or equitable subordination to move their claim ahead of the IRS’s administrative expense claim for unpaid post-petition payroll taxes. The court held that the plaintiffs had “not borne their burden of proving each of the necessary elements of equitable subordination or equitable estoppel, in particular the existence of misconduct on the part of the IRS.”
The purported U.C.C. security interest claimed by the landlord-creditor was invalid because he created it unilaterally. The circumstances did not support the creditor's § 507(a)(4) priority wage claim. He held only general unsecured claims.
The court granted a land seller's motion for stay relief, finding that the property was not necessary for an effective reorganization because debtors did not appear able to improve their cash flow and make payments for the land and real estate taxes.