Chapter 12 debtors suffered fire damage. Upon receiving a settlement, they spent some of the proceeds on items unnecessary under their confirmed plan. Court held that some of the money was disposable income to be distributed to unsecured creditors
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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.
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Debtor's employment was terminated a few weeks after he filed his bankruptcy case. He sued the employer alleging a violation of 11 U.S.C. section 525(b), but was unable to establish that his termination was "solely" a result of his bankruptcy filing
The Chapter 12 trustee is responsible for the administration of the case. Plan payments must be made through the trustee, and the plan must run for the statutory time period
Debtor's student loan obligations were declared dischargeable under section 523(a)(8)(B) because repayment would create an undue hardship for him and his family. His physical disability precludes him from holding any gainful employment
Checks forged on debtor's account were deposited in Kansas bank and paid by debtor's Montana bank. Debtor sued the banks. The Kansas bank moved to dismiss, but the court denied that motion, finding that Kansas law permits a lawsuit for conversion
Because proper service was not made on the IRS, court did not have jurisdiction over it when ruling on debtors' motion to determine tax liability. Pre- and post-petittion interest & penalties are non-dischargeable and are debtors' personal responsibility
Post-confirmation, property is either property of the estate or property of the debtor. Either way, it is protected by the automatic stay and a pre-petition creditor cannot take actions to enforce a pre-petition lien without first obtaining stay relief
Preference action. Debtor did the billing and took in receivables for defendant's business, commingled the funds with its own, then paid the defendant. All of the elements of 11 U.S.C. section 547(b) were established, and the payments were avoidable.
Creditor with security interest in debtors' vehicle sold the vehicle in a commercially reasonable manner, for less than amount owed. The deficiency is an unsecured claim, and may include attorneys' fees & costs if underlying security documents so provide
Opinion analyzes whether the creditors who filed an involuntary bankruptcy petition against the debtor were actually creditors. Court found that at least some of the claims held by these creditors were legitimate, and the motion to dismiss was denied