A hold-harmless clause regarding payment of certain debts by one spouse in a dissolution of marriage decree is not a judgment for the non-debtor spouse. It therefore does not attach to the debtor's real estate, and is only an unsecured contingent claim
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For secured claims under § 1325(a)(9)'s "hanging paragraph" that are to be paid in full in installments over a period of years, the appropriate rate of interest continues to be the Till rate, rather than the contract rate. BAPCPA did not change this.
For secured claims under the "hanging paragraph" of 1325(a)(9) that are to be paid in full in installments over a period of years, the appropriate rate of interest continues to be the Till rate, rather than the contract rate. BAPCPA did not change this
The court granted leave to debtor to file an amended complaint, which should take into account a release of certain claims executed by the parties. The amended complaint should also clarify the defendants involved and whether there is a jury demand.
An unperfected lien in a motor vehicle is avoidable by the Chapter 7 trustee and is preserved for the benefit of the estate. The debtors cannot use the amount of the avoided lien to increase their exemptions over and above their equity in the vehicle.
Pursuant to § 511, the rate of interest to be paid on tax claims, including tax sale certificates, is the rate as determined under applicable nonbankruptcy law. In Nebraska, that is the statutory interest rate of 14 percent.
Motion to amend claim denied. If creditor has tax sale certificate or taxes not addressed or paid through the plan, it is a secured claim paid outside of plan. Lien for tax claim survives, and if not paid, creditor can seek relief from stay to foreclose.
Motion to amend claim denied. If creditor has tax sale certificate or taxes not addressed or paid through the plan, it is a secured claim paid outside of plan. Lien for tax claim survives, and if not paid, creditor can seek relief from stay to foreclose.
Richard Myers, Trustee v. Maureen Raynor (In re John Raynor), BK04-83112, A06-8105, Ch. 7 01/26/2007
The time limit set out in 11 U.S.C. 546(a) is a statute of limitations and is not jurisdictional. The two-year period begins running on the day after the bankruptcy petition is filed, and therefore expires on the second anniversary of the petition date
Affirmed at 617 F.3d 1065 (8th Cir. 2010). The time limit in § 546(a) is a statute of limitations. The two-year period begins running on the day after the bankruptcy petition is filed, and expires on the second anniversary of the petition date.