Secured creditor repossessed debtors' vehicle pre-petition. Thereafter, the creditor refused to turn the vehicle over to the debtors, even after numerous requests. The secured creditor's actions amounted to a willful violation of the automatic stay
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To prevail on a motion to intervene under Fed. R. Civ. P. 24(a)(2), movant must show a timely filed motion, a direct & substantial interest, potential impairment of that interest, and lack of adequate representation of that interest by existing parties
Motion for relief from stay under section 362(d) denied because collateral (hotel) was not declining in value and was necessary for effective reorganization.
A student loan obligation which was not in default on the petition date is a long-term debt that, under the language of section 1322(b)(5), may be treated differently and paid differently in a Chapter 13 plan than general unsecured debts
Published at 208 B.R. 470. The property settlement agreement reached as part of the parties' marital dissolution obligated debtor to pay one-half of a loan taken out during the marriage to cover family medical expenses. That obligation is non-dischargeable under section 523(a)(15).
Debtors may use Chapter 13 to discharge debts that would be non-dischargeable in Chapter 7. In this case, although there is no evidence of a lack of good faith in filing the bankruptcy petition or in proposing the plan, the plan as proposed is not feasible
Cause existed under section 362(d)(1) to grant relief from stay to continue with state court replevin action, as debtors had no interest in the cattle and the real dispute was among creditors and intervenor claimants
Debtor may not reclassify a claim in a confirmed plan through a plan modification under section 1329, athough debtor may reduce amount of secured claim by the value of surrendered collateral under 1329(a)(3)
Reported at 213 B.R. 156. The debtor's student loan "first became due" on the day following the expiration of the grace period, so the loan had become due more than five years before the petition date and was therefore dischargeable under § 523(a)(8).
A Texas court's default judgment which gave rise to the creditor's bankruptcy claim had a preclusive effect in the bankruptcy court. The doctrine of res judicata prevented the bankruptcy court from revisiting any of the issues decided in the judgment