Reported at 368 B.R. 845. Creditor's objection to confirmation based on "projected disposable income" is overruled. The means test in Form B22C, rather than net income as shown in Schedules I & J, controls the "disposable income" issue for purposes of Se
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The court reopened the case and abstained from determining the debtor's liability for payroll taxes. The lawsuit's outcome would have no effect on the bankruptcy estate, and the bankruptcy court had no authority over a non-debtor responsible party.
The official committee of construction lien claimants was allowed to intervene in an adversary proceeding between the trustee and the lender regarding lien validity, because there was a lack of commonality of interests on some of the claims raised.
The settlement of a purported fraudulent transfer was not approved because it was not in the estate's best interest. The estate would gain little benefit from the settlement, in light of the straightforward and easily litigated issues in the case.
The debtor did not qualify for a waiver of the filing fee to appeal the court's denial of her application to waive the Chapter 7 filing fee because she did not fall below the poverty line and because she had assets available from which the fee could be pa
The court denied a secured creditor’s motion for relief from stay for cause, including lack of adequate protection. While the debtors may have used some post-petition proceeds of the sale of sod, they retained most of the proceeds, they would be filing a motion for use of cash collateral, and there was no evidence that the collateral value was declining, so the court found it difficult to determine how the creditor was being harmed by temporarily maintaining the status quo.
Cause existed under § 362(d)(1) to annul the automatic stay and ratify a foreclosure sale of the debtor's property that was unintentionally conducted post-petition. There was no evidence that a new sale would produce a greater benefit to the estate.
The court denied defendants' motion to dismiss, because the adversary proceeding's scope was broad enough to provide a single forum for determining the extent of the parties' rights and because plaintiff should be allowed to cure defective service.
The amount of child support to be paid should be determined by the state court, although the creditor cannot execute on any judgments against the debtor's assets. Failure to pay post-petition child support is cause to seek sanctions from state court.
The bank filed a motion to dismiss the case as a sanction for debtors' failure to timely file delinquent tax returns pursuant to local rule. The court denied the motion, ruling that dismissal was not warranted because debtors were attempting to comply.