Debtor's failure to comply with an adequate protection agreement and an inability to cure the default in a short time were cause for relief from the stay. To protect the debtor's business, however, the creditor was not allowed to engage in self-help.
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Post-divorce debt incurred by the debtor on a jointly owned credit card account was non-dischargeable because it was subject to the hold-harmless clause of the parties' decree and as such was a domestic support obligation under § 523(a)(15).
On a creditor's motion to dismiss the case because it had not authorized the filing, the court found a state court order in aid of execution did not give the creditor an ownership interest in the debtor, so the creditor's authorization was unnecessary.
The debtor's obligation, as part of the parties' legal separation decree, to pay the home mortgage for the residence in which his wife lives was non-dischargeable. In light of the parties' disparity in income, the debt was in the nature of support.
The debtor's failure to make mortgage payments on the house his wife lives in entitled the mortgage holder to relief from the stay. It also entitled his wife to pursue sanctions in state court for his failure to uphold his domestic support obligation.
Relief from the stay was granted so the parties could take action in state court to address issues regarding conflicts of interest in connection with a trust in which the debtors were beneficiaries and the president of their lender was the trustee.
The court granted the defendant's bill of costs. The defendant was the prevailing party in the underlying litigation and requested a reasonable amount for the cost of deposition transcripts, which was a taxable cost authorized by statute.
The court granted the U.S. Trustee's § 707(b)(3) motion to dismiss because debtors' vehicle & mortgage payments appear to be excessive. They have the ability to make payments to unsecured creditors, so allowing them to remain in Chapter 7 is an abuse.
The court denied the U.S. Trustee's motion to dismiss for abuse, holding that the debtor may take a means test deduction for her mortgage despite her intention to surrender the property. Moreover, the circumstances do not indicate abuse of Chapter 7.
A post-petition collection action on a credit card debt was filed against the non-debtor spouse. Default judgment was entered and garnishment proceedings were instituted. Such actions violate the automatic co-debtor stay and are sanctionable.