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.
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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.
U.S. Trustee's motion to dismiss for abuse under §§ 707(b)(2) and 707(b)(3) is granted. Debtors may not deduct excess housing costs in means test, and living in an expensive area does not constitute a "special circumstance" to rebut presumed abuse.
The court asked the United States Attorney to review the debtor's sale of property of the bankruptcy estate without court authorization. The secured creditor did not receive the proceeds of the sale, and the buyer did not receive title to the property.
The secured creditor on a vehicle sold by the debtor without proper court authorization was not properly served with notice in the buyer's non-dischargeability action against the debtor and did not need to be involved in that litigation.
The debtor removed property from premises operated as a bar. The landlord moved for turnover of the property, alleging the items were fixtures. The court found that the items were all easily removed and were not permanently annexed to the real estate.
Landlord filed motion for turnover of property removed by debtor from the premises after the trustee abandoned. The parties disputed whether the items were fixtures or personal property. After trial, the property was held to be debtor's personal property
The court approved a motion to approve a settlement of the division of marital assets and liabilities between the estate and the non-debtor ex-spouse because it was a reasonable resolution of the issues and in the bankruptcy estate's best interest.