Reported at 18 B.R. 602. A “rent-to-own” contract for rental & possible purchase of household goods was a purchase-money security agreement and not a lease, and could be dealt with in debtor’s plan. The facts of each case govern such a finding under the U
Opinions
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Sherry Elliott v. C.A.R.I. TV & Appliance Rentals and Sales (In re Elliott), Ch. 13, BK80-1957, A80-530 03/24/198203/24/1982
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John Wolf, Trustee v. William & Pamela Rowse (In re Rowse), BK80-934, A80-536 03/24/198203/24/1982
For purposes of 11 U.S.C. section 547, a transfer consisting of a mortgage occurs when the mortgage is recorded. Therefore, debtor’s mortgage to his mother, recorded a few weeks pre-petition and more than two years after it was given, was a preference
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Appliance Buyers Credit Corp. v. J.L. Brandeis & Sons, Inc. (In re Sol Lewis Appliances, Inc.), BK80-229, A80-326 03/24/198203/24/1982
J.L. Brandeis & Sons, Inc., as a stakeholder in this interpleader action, was denied its request for attorney fees because Brandeis’s delay in depositing disputed funds with the bankruptcy court created unnecessary litigation
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Bradford, Coenen & Ashford v. Susan Cobb (In re Cobb), BK81-1372, A81-661 03/19/198203/19/1982
A debt to law firm for pre-petition legal representation was dischargeable, as the firm did not establish under section 523(a)(2) that when debtor told the firm she would pay or reaffirm the debt, she actually intended not to do so
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MBPXL Corp. v. Indiana Refrigerator Lines, Inc. (In re Indiana Refrigerator Lines, Inc.), Ch. 11, BK81-86, A81-665 03/19/198203/19/1982
Debtor, a common carrier, was held liable to plaintiff for $93,000 worth of boxed beef which the debtor had been hired to, but did not, deliver to a customer in Rhode Island
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Indiana Refrigerator Lines, Inc. v. O.S. Bruner (In re Indiana Refrigertor Lines, Inc.), Ch. 11, BK81-86, A81-454 03/02/198203/02/1982
The court approved settlement over creditors’ committee’s objection, finding the compromise to be commercially reasonable under the circumstances, particularly because debtor’s management had made significant progress toward rehabilitation
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John & Debra Schmidthuber v. Richard Myers, Trustee (In re Schmidthuber), Ch. 7, BK81-384, A81-574 02/23/198202/23/1982
Reported at 18 B.R. 129. Debtors may exempt a tax refund not disclosed in their original schedules because the late schedule amendment didn’t interfere with estate administration & because exemptions should benefit debtors to the fullest extent
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Lakeside Utilities Corp., Ch. 11, BK81-2344 02/19/198202/19/1982
Reported at 18 B.R. 115. The debtor’s business operation was solely in Ohio, while its corporate office was in Nebraska. Under the circumstances, the court found the debtor’s “principal place of business” – and therefore the proper venue – to be in Ohio
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Richard & Nancy Avila v. Francis Tritz (In re Avila), BK81-648, A81-217 01/21/198201/21/1982
The cash appearance bond which the debtor filed with the county district court was considered exempt personal property under Neb. Rev. Stat. section 25-1552, so the debtor could avoid plaintiff’s garnishment lien on the bond pursuant to section 522(f)(1)
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Official Creditors' Committee v. Dale Nelson (In re Silver Monarch Oil & Gas Co.), Ch. XI, BK79-O-1045 01/06/198201/06/1982
Under the Bankruptcy Act, the creditors’ committee had no standing to bring lawsuits to recover fraudulent transfers and preferences. If the debtor-in-possession refused to do so, the committee’s only remedy was to ask for appointment of a receiver