Co-debtors who paid off a debt to prevent foreclosure had standing to pursue an adversary proceeding under §§509 and 510 because the trustee did not properly abandon the property and because their payment may have given the debtor equity in the property.
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Robert & Dorothy Kopecky v. James Kopecky (In re James Kopecky), Ch. 7, BK87-2833, A88-70 08/26/1988
The debtor's appeal to the district court was dismissed because he failed to abide by procedural rules and timely file a designation of record or statement of issues despite being granted repeated extensions of time to do so
The court found debtor to be eligible for Chapter 13 relief because his non-contingent, liquidated, unsecured debts were below the § 109(e) limit and because, although self-employed, he had sufficient regular income to maintain repayment of debts
Debtor was owed money by his former employer. He also signed a promissory note for money owed to the former employer. When debtor defaulted on the note, the former employer's right of set-off came into effect and was a defense to debtor's turnover motion
Sovereign immunity protected the State of Nebraska from the plaintiff's complaint of conversion, so the bankruptcy court lacked subject matter jurisdiction over that portion of the complaint. The State had not waived the immunity under § 505 or § 106
The district court dismissed a creditor's appeal of the denial of a jury trial in a core proceeding. The issue on appeal was the constitutionality of the bankruptcy court's authority under 28 U.S.C. § 1411, which the district court held was inapplicable
The court imposed monetary sanctions against the State of Nebraska and its legal counsel under Rule 9011(a) for refusing to withdraw an unwarranted non-dischargeability complaint it filed against a corporate debtor and a non-debtor individual.
Reported at 117 B.R. 510. The lessor of personal property under a lease that is not assumed or rejected is entitled to an administrative expense claim equal to the fair rental value of the property during the debtor's post-petition possession of it.
Although the debtor intentionally provided a materially false financial statement to the lender in order to obtain money, the debt should not be excepted from discharge under § 523(a)(2)(B) because the lender could not reasonably have relied on it.
A creditor's administrative expense claim for goods sold post-petition but pre-conversion was not timely filed. The debtor gave proper notice of the post-conversion claims bar date under Rule 1019, and no authority existed for enlarging the time