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
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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.
Debtor filed adversary proceeding alleging that a California state court wrongfully directed the Office of Personnel Management to pay certain of his retirement funds to his ex-wife. Lack of subject-matter jurisdiction required dismissal of some counts
Chapter 11 plan confirmed over shareholder's objection. The plan eliminates his shareholder interest because the debtor is insolvent and that interest no longer has value on either a liquidation basis or a going-concern basis
Debtor transferred his interest in real estate to his wife in a previous bankruptcy case. As a result, he holds no legal or equitable interest in the property which could be considered property of the estate in this case; automatic stay doesn't apply
Debtor filed this adversary proceeding to discharge federal & state tax liabilities. Taxes for which debtor did not file a return are non-dischargeable as a matter of law; the decision contains an extensive discussion of what constitutes a tax return