Debtor's former wife took steps to obtain property of the estate for her own benefit, which the court viewed as a "flagrant" interference with the bankruptcy process and the authority of the court and which may warrant the imposition of sanctions
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Opinions
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Bankruptcy court is not the place to attempt to modify a divorce decree and property settlement. The order clarifies previous fact findings that debtor's ex-wife has no property interest in crops and her interest in real estate is adequately protected
Reported at 10 B.R. 285. Debtor's vehicle was used extensively in and was necessary to his continued employment as a traveling insurance salesman, so it was exempt as a tool of the trade for lien avoidance purposes under 11 U.S.C. section 522(d)(6)
Creditors disputed the relative priority of their Article 9 security interests. The court found that the holder of a purchase-money security interest did not timely perfect its interest, so the lender's security interest took priority over the PMSI
Report and recommendation from magistrate judge recommending affirmance of the bankruptcy court's order of Sept. 11, 1980, granting defendants' motion for summary judgment and refusing to grant relief from the stay to pursue a state-court lawsuit
On appeal of bankruptcy court's 6/30/80 order denying motion to reconsider stayed enforcement of a judgement, the magistrate judge recommended affirmance of the order because, contrary to def's argument, the bankruptcy court had jurisdiction to enter a stay
On motion to dismiss complaint for untimely filing, the controlling date is the date the complaint was originally filed, even if it wasn't accompanied by the appropriate filing fee, so the complaint was timely filed despite having been returned by clerk
Debt owed to debtor's business supplier was dischargeable, as debtor's intent at the time he ordered tools & equipment from the supplier was to continue in business. If debtor made a representation about payment, it created at most a breach of contract
Court ruled that denial of discharge was unwarranted because debtor's failure to maintain books and records was adequately explained by debtor's desire to deal on a "cash only" basis so judgment creditors couldn't execute against his bank account
A debtor insurance agent who failed to collect and remit policy premiums may have breached his contractual obligations to the insurance company, but he did not violate any fiduciary duties between the parties. Accordingly, the debt is may be discharged