Creditor's objections to discharge under section 727(a)(2), (a)(4), and (a)(5) were denied. Although debtor's sale of cattle to his son was not documented, both parties -- as well as the son's lender -- treated the cattle as belonging to the son.
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The court granted relief from the stay because the claim of the deed of trust holder on the debtor's residence matured pre-petition, so any attempt to alter terms of payment via a plan would amount to a modification which is prohibited by § 1322(b)(2).
The court denied summary judgment because a fact question existed as to (1) whether the debtor's purchase of a trailer leased by the seller was in good faith as a buyer in the ordinary course of business, and (2) what property rights the debtor obtained.
In a case ancillary to a foreign liquidation proceedings, the bankruptcy court permitted this adversary proceeding to be stayed pending arbitration concerning an actuarial analysis of the debtor. The parties disagreed on the scope of the arbitration, but the court ruled it was up to the arbitrators, not the bankruptcy court, to determine the scope of their jurisdiction.
The application for attorney compensation denied because lien priority had not been established for two creditors. Also denied creditor's objection that the money was theirs because they were only creditor to appeal a ruling in another's favor.
At trial, the debtors proved that the defendants intentionally made misrepresentations to them that caused them to allow property to be sold at a trustee's sale. However, the debtors suffered no monetary damage as they had no equity in the property.
Debtor originally filed Chapter 13 agreeing to a value less than owed for her car. She then converted to Chapter 7 and wanted to redeem for fair market value, an amount less than the value agreed to. Court ruled this is lien stripping and is prohibited.
The need for factual findings precluded summary judgment on allegations under § 727(a)(2), (a)(4), and (a)(5) that the debtor intentionally hid or diverted assets from his creditors and failed to disclose or explain the alleged transfers of assets.
The assets of a corporation owned by the individual debtors are not property of the bankruptcy estate and are not subject to the automatic stay. Debtors' post-petition effort to protect the assets from execution by transferring them was in bad faith.
The court denied confirmation of the debtors' Chapter 13 plan because it was filed in bad faith. The debtors attempted to transfer corporate assets to themselves to protect them under the automatic stay, and they lied about one debtor's employment.