Insurance proceeds that were deposited into bank account post-petition are not subject to set off for pre-petition debt. The creditor bears the burden of proving a valid right of setoff under 11 U.S.C. section 553
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Opinions
United States Courts Opinions (USCOURTS) collection is a collaborative effort between the U.S. Government Publishing Office (GPO) and the Administrative Office of the United States Courts (AOUSC) to provide public access to opinions from selected United States appellate, district, and bankruptcy courts.
The District of Nebraska offers a database of opinions for the years 1997 to current, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.
Debtors converted certain collateral pre-petition and were unable to service debt for more than two years before filing bankruptcy. Court held that these actions, in and of themselves, do not amount to bad faith or other "cause" for granting stay relief
Debtor assumed a mortgage when it bought real estate. Lender argued it was not a creditor because it had no privity with the debtor. Court found that under section 101(10) it is a creditor with a claim against the debtor. Opinion also discusses bad faith
Secured creditor did not receive notice of stipulation providing that certain property, including this creditor's secured real estate, was property of the estate, so to rectify the due process violation, creditor was given an opportunity to be heard
Ex-husband obtained pre-petition state court judgment against debtor for damages to property she was supposed to turn over to him as part of divorce. Judgment was not entitled to priority, because it was for damages & was not in nature of spousal support
Creditor provided doors for debtor's residence and took security interest in doors & house. That "additional collateral" allowed debtor to modify creditor's rights by extending repayment beyond contract date, because § 1322(b)(2) doesn't apply.
Debtor had been ordered to pay wife's medical expenses as part of their divorce decree. He filed Chapter 7, then Chapter 13, and argued that the debt was discharged. Court ruled the debt was in the nature of spousal support and had not been discharged.
A state court judgment regarding breach of a lease was entered post-petition against a partnership involving the debtor. The automatic stay does not extend to the partnership, so the judgment is valid and enforceable and can be pursued in state court.
Discovery obligations of the debtor and its officers, as part of a pre-petition lawsuit against the debtor, are a continuation of a pre-petition action and are automatically stayed by 11 U.S.C. section 362(a).
These debtors have the ability to pay some debts from future income, so the U.S. Trustee's motion to dismiss under 11 U.S.C. section 707(b) is granted. No bright-line rule is necessary; the ability to fund a Chapter 13 plan is the determinative factor.