Under the totality of the circumstances, granting the debtors relief under Chapter 7 would be an abuse because they could significantly reduce their expenses without depriving themselves of necessities and thereby make payments to unsecureds.
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The debtor plaintiff's allegations supporting his subordination cause of action against the bank survived the defendant's motion to dismiss for failure to state a claim because the defendant did not specify or explain the purported deficiencies.
Defendants' Rule 12(b)(6) motion to dismiss the complaint for failure to state a claim upon which relief may be granted must be denied when the movant does not provide a legal or factual explanation of why it believes the complaint fails to state a claim.
These Chapter 7 debtors should convert to a Chapter 13 case because their non-dischargeable student loan debt does not meet the high bar of constituting a "special circumstance" under § 707(b)(2)(B)(i) to rebut the means test's presumption of abuse.
The court granted summary judgment to the trustee because the defendant did not prove the debtor breached their contract (the defendant didn't respond to discovery requests, so the evidence was deemed admitted). The trustee could collect the debt.
The creditor did not meet its burden of establishing non-dischargeability under § 523(a)(2)(A) because it could not prove that the debtor purchased furniture on credit with the actual knowledge that he would be unable to make the payments on it.
Court indicates it will grant plaintiffs' motions for default judgment if plaintiffs can properly serve defendants with complaint and summons, but the plaintiffs did not achieve proper service by mailing service to defendants' post office boxes.
The representative of a corporate debtor may invoke his constitutional rights against self-incrimination while appearing at a Rule 2004 examination; therefore, he may not be forced to testify, although negative inferences may be drawn as a result.
The court granted the Chapter 12 debtors’ motions to sell property in the ordinary course of business and to use cash collateral of $22,000, finding that the objecting secured creditor was protected by an equity cushion of $178,000. The court also directed the debtors to obtain hazard insurance to protect the collateral for the benefit of the bankruptcy estate and the secured creditor.
The court granted the Chapter 12 debtors’ motions to sell property in the ordinary course of business and to use cash collateral of $22,000, finding that the objecting secured creditor was protected by an equity cushion of $178,000. The court also directed the debtors to obtain hazard insurance to protect the collateral for the benefit of the bankruptcy estate and the secured creditor.