Debtor's attorney was likely to be called as a substantive witness at her non-dischargeability trial, so his continued representation of the debtor would violate professional ethical rules. He is disqualified from such representation in this proceeding
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County did not receive notice of this case until after the claims bar date had passed, so its proof of claim for real and personal property taxes was filed late. Over objection, the claim is allowed under section 726(a)(1) and/or 726(a)(2)
Pre-petition loan from retirement plan is not a "debt" under Bankruptcy Code. Debtor may continue to repay the loan via payroll deductions if she pays unsecured creditors 100 % of their claims less the amount of the tax claim if the loan isn't repaid
Creditor received notice of conversion to Chapter 7 and claims bar date, but filed its proof of claim late. It therefore was subject to third priority treatment under section 726(a)(3). "Excusable neglect" does not apply in Chapter 7 cases
A pre-petition judgment against debtor for conversion of property in a failed business venture didn't support exceptions to discharge under sections 523(a)(4) or (a)(6), but it did under section 523(a)(2)(A) for false representations to investors.
Federal income tax returns are "last due" for purposes of 11 U.S.C. section 507(a)(7)(A)(i) on April 15th following the close of the tax year, regardless if they were actually filed prior to that date. Section 507(a)(7)(A)'s three parts are disjunctive
Pre-petition loan from retirement plan is not a "debt" under Bankruptcy Code. Debtor may continue to repay the loan via payroll deductions if she pays unsecured creditors 100 % of their claims less the amount of the tax claim if the loan isn't repaid
Confirmed Chapter12 plans may be modified for a compelling reason, such as a weather disaster. However, provision whereby lender recorded escrowed deed after default resulted in completion of payments to that creditor, so plan could not be modified
Priority claims do not lose their priority status even if the claims are untimely filed
The court defers to Interstate Commerce Commission decision concerning "undercharges" for freight transportation by the debtor, a motor contract carrier. In addition, defendant is exempt from undercharge claims as a "small business concern" under NRA