Executory lease contract is deemed rejected when trustee does not assume it within 60 days; as a result, lease provisions prohibiting liquidation sales of inventory are not binding on trustee. However, trustee must pay reasonable value for his occupancy
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Debtor-in-possession's application to borrow money to pay certain farm expenses was granted. The evidence showed that adequate protection existed. Trial would be set on whether objecting party has a valid lien on the collateral for the post-petition loan
Court ruled against creditor in dischargeabililty proceeding, finding that creditor did not prove debtor's intent to deceive. Debtor-defendant did omit some debts from the financial statement submitted to creditor, but he had valid reasons for doing so
Court denied creditor's complaint of nondischargeability, finding no willful & malicious conversion where creditor permitted debtors' sale of collateral, & finding no false representation because the loan was renewed without relying on fin'l statements
Debtor moved to reopen case to add 2 unsecured creditors. One creditor had timely notice of bankruptcy petition, so her debt was discharged. Amending the schedules was unnecessary as to 2d creditor, as this was no-asset case & the cred. wasn't prejudiced
Court found for debtor in nondischargeability action under the false financial statement in writing exception and the willful & malicious conversion of property exception. The lender did not rely on a written statement in approving the loan at issue
Court ruled that bank acquiesced in debtor's sale of collateral & failure to apply all proceeds to bank debt; debt was dischargeable because there was no intent to hinder, delay or defraud creditor, nor was there a willful & malicious property conversion
Where creditor did not rely on debtor's financial statement to advance credit, the false financial statement in writing exception to discharge was inapplicable. Where creditor consented to debtor moving collateral out of state, there was no conversion
Supplemental order disallowing an additional claim objected to by the trustee.
Debtors' real property was sold at tax sale but the sale was not confirmed pre-petition. County sought relief from stay to confirm sale and transfer the property to a buyer. Motion was denied because debtors propose to use the property to reorganize