In accordance with In re Terry, 630 F.2d 634 (8th Cir. 1980), confirmation of debtor's Chapter 13 plan was denied where the plan proposed no payments to unsecured creditors and the entire amount of the monthly payments appeared to be for attorney's fees
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Court denied defendant's request for attorneys' fees under section 523(d) because the plaintiffs had sought denial of discharge rather than a determination of dischargeability, and because it was unclear whether the debts at issue were consumer debts.
Debtors' Chapter 13 plan was confirmable over objections of unsecured creditors because the plan does propose to pay those creditors at least as much, if not more, than they would be likely to receive in a Chapter 7 liquidation of the debtors' real estate.
Cattle investor's debt to bank could be discharged. His financial statements were not materially misleading, and his conversion of some of the bank's collateral was not willful and malicious because it was necessary for his operating expenses
An oral agreement to assign a security interest, followed by payment in full of the consideration, is sufficient to create a valid assignment. If the original security interest was perfected, it remains perfected in the assignee, pursuant to the U.C.C
Court granted relief to bank holding a possessory interest in a certificate of indebtedness issued to the debtor. Debtor had borrowed the money from his mother & felt morally obligated to repay her, but as an unsecured debt it wouldn't support maintaining
On motion to compromise controversies between the debtors and a bank over objection of creditors' committee, the court determined that committee's interest in pursuing litigation against the bank outweighs the debtor's interest in rehabilitation
The prevailing party's attorneys' fees are not a taxable cost as part of a non-dischargeability action under section 523 when the debt at issue is a business debt rather than a consumer debt
Court denied motion to dismiss complaint regarding preferential transfers because the transfers made from third parties to the defendant may have been accounts receivables of the plaintiff debtor, which would render them property of the debtor
A storage company that sold the debtor's belongings to satisfy unpaid pre-petition storage charges did not violate the automatic stay because there was no evidence the company had actual knowledge of the bankruptcy case when it conducted the sale