On summary judgment, the court found that the contract at issue was not a requirements contract, and held that the claim was not filed late because the case had been administratively consolidated and the bar date notice didn't properly reflect that.
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Reported at 94 B.R. 160. Debtor filed a voluntary Chapter 11 petition, effecting a conversion of the existing involuntary Chapter 7 case. The date of commencement relates back to the Chapter 7 filing date and the transfer at issue therefore was post-petition and not avoidable.
The court dismissed most of the claims in the debtors' adversary complaint for failure to state a claim upon which relief could be granted. Many of the allegations either collaterally attacked final judgments or failed to state a proper cause of action.
The court dismissed an adversary proceeding brought by the debtors alleging violations of the automatic stay. The debtors did not have standing to collaterally attack their stipulation to relief from the stay after the order approving it became final.
Creditor's post-petition repossession of the debtor's vehicle and refusal to return it violated the automatic stay. Because the creditor continued to hold the car after receiving notice of the bankruptcy, its conduct was willful and sanctionable.
Chapter 7 debtors have an absolute right under § 706(a) to convert their case to Chapter 13 if they are eligible for such relief. A creditor opposed to the conversion may object to plan confirmation or move for stay relief in the Chapter 13, if grounds ex
Debtor's credit card debt was nondischargeable under § 523(a)(2)(A) and (C) because he charged significant amounts, for both business and personal expenses, in the two months prior to bankruptcy, knowing that he was unlikely to be able to pay the debt
The district court dismissed the creditor's appeal of an order denying confirmation because, contrary to the creditor's appellate argument, the bankruptcy court had made no findings as to valuation and had in fact ordered an amended plan to be filed.
Federal Deposit Insurance Corp. v. Steven Wehmer (In re Wehmer), Ch. 12, BK87-84, A87-133 09/22/1988
The debtor's sale of collateral without the secured party's approval and without including the secured party as co-payee on the check was willful and malicious and caused financial harm to the secured party, rendering the debt non-dischargeable
The debtors' appeal was dismissed as untimely. Even if the debtors' motion to vacate the bankruptcy court's order was construed as a motion that tolls the appeal period under Rule 8002, it was still untimely.