Because the parties' franchise agreements were the very core of debtor's business, it was in the best interest of the debtor and the estate to permit the debtor to evaluate the assumption or rejection of the agreements during the exclusivity period.
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The court ordered debtor to use a previously authorized amount of cash collateral to pay franchise and license fees as adequate protection for the use of the franchiser's name pending the debtor's decision to assume or reject the franchise agreement.
Upon the approval of the debtor's use of cash collateral, the debtor could pay post-petition rent and other lease charges and cure its post-petition rent delinquency.
The court denied summary judgment on a § 523(a)(2)(B) complaint because of fact questions. The valuation of assets listed on the debtor's financial statements, and the bank's reliance on those valuations, would need to be explored at trial.
In the parties' divorce, each spouse was ordered to pay a portion of a marital debt. The debtor's share of that debt was excepted from discharge in bankruptcy by § 523(a)(15) because she was obligated to indemnify her former spouse for half of the debt.
The court denied summary judgment to the U.S. Department of Education in this student loan dischargeability case, finding that genuine issues of material fact existed as to the actual monthly expenses of the debtor and her dependents, and as to the debtor’s reasonable future financial resources in light of her history of low-paying employment outside of her field of study.
A default judgment against the debtor for the intentional torts of assault and battery was not dischargeable in Chapter 13 because it was a debt for personal injury damages awarded in a civil action for willful or malicious injuries caused by debtor.
The court granted relief from stay for cause because a delinquency existed on the promissory notes which would trigger the creditors' right to take action per their loan documents. The court expressed no opinion as to the sufficiency of said actions.
The court granted relief from stay for cause because a delinquency existed on the promissory notes which would trigger the creditors' right to take action per their loan documents. The court expressed no opinion as to the sufficiency of said actions.
Debtor's intentional misrepresentations on financial statements, including understating liabilities & overstating assets, and his unauthorized use of collateral to feed cattle rendered the debt non-dischargeable under § 523(a)(2)(A) & (B).