The debtor removed property from premises operated as a bar. The landlord moved for turnover of the property, alleging the items were fixtures. The court found that the items were all easily removed and were not permanently annexed to the real estate.
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Opinions
United States Courts Opinions (USCOURTS) collection is a collaborative effort between the U.S. Government Publishing Office (GPO) and the Administrative Office of the United States Courts (AOUSC) to provide public access to opinions from selected United States appellate, district, and bankruptcy courts.
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Landlord filed motion for turnover of property removed by debtor from the premises after the trustee abandoned. The parties disputed whether the items were fixtures or personal property. After trial, the property was held to be debtor's personal property
The court approved a motion to approve a settlement of the division of marital assets and liabilities between the estate and the non-debtor ex-spouse because it was a reasonable resolution of the issues and in the bankruptcy estate's best interest.
Discharge of student loans granted because repayment would create an undue hardship on the debtor. Her income is unlikely to increase, although her expenses will. She is likely to incur additional medical expenses and car payments in the near future.
The remedy for a secured creditor who believes the interest rate proposed in a Chapter 13 plan is inadequate is to object to confirmation pursuant to Local Rule 3023-1, rather than to challenge the interest rate through the claims allowance process.
The court granted relief for cause to debtor's primary secured creditor on collateral other than debtor's patent because it lacked adequate protection. There was no evidence the patent would decrease in value while debtor tried to obtain capital.
Reported at 368 B.R. 845. For purposes of § 1325(b)(1)(B), a debtor's projected disposable income should be calculated by utilizing the means test's Form B22C rather than the disposable income shown by the difference between Schedules I & J's totals.
Reported at 368 B.R. 845. Creditor's objection to confirmation based on "projected disposable income" is overruled. The means test in Form B22C, rather than net income as shown in Schedules I & J, controls the "disposable income" issue for purposes of Se
The court reopened the case and abstained from determining the debtor's liability for payroll taxes. The lawsuit's outcome would have no effect on the bankruptcy estate, and the bankruptcy court had no authority over a non-debtor responsible party.
The official committee of construction lien claimants was allowed to intervene in an adversary proceeding between the trustee and the lender regarding lien validity, because there was a lack of commonality of interests on some of the claims raised.