A factual inquiry was necessary on the issue of equitable subordination, but summary judgment was granted as to the limited issue that the defendant did not owe a duty to the plaintiff as a third-party beneficiary to the underlying contract.
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Mid City Bank v. Downy Land Ltd. (In re John Patrick Raynor), Ch. 7, BK04-83112, A06-8087 11/16/2006
Court denies cross-motions for summary judgment by debtor's bank and debtor's landlord, finding alleged misrepresentations prior to leasing involved factual issues and the claim was not precluded by landlord's prior judgment against debtor.
Reported at 355 B.R. 783. Debtors who seek to avoid liens that impair homestead exemption must prove they're entitled to the exemption. A debtor who qualified at one time as head of family does not lose that status simply because dependents move out.
Under Nebraska law, the pre-petition avoidance of a fraudulent transfer did not return the property to the debtor. Instead, it remained in the hands of the transferee, and the creditor for whom the transfer was avoided had the right to execute upon it.
Reported at 353 B.R. 886. Under U.C.C. § 9-506, financing statements should contain the debtor's legal name. If filing office's standard search logic, which requires an "exact legal name," wouldn't pull it up, the statement may not be effective.
BAPCPA § 1325(a)(9) prohibits the bifurcation of a claim secured by the debtor's personal vehicle, but it nevertheless requires the debtor to pay the secured creditor the present value of its claim, which includes interest over the life of the plan.
Court denies debtor's motion to intervene as defendant in an adversary action concerning the alleged fraudulent conveyance of stocks to debtor's children, because debtor has no financial stake in claim and the estate's interests are represented.
The court overruled debtor's objection to the trustee's proposed auction of vehicles that were his business assets, finding that the trustee's approach was reasonable. The debtor could not claim a tool-of-trade exemption in any of the vehicles.
Debtor's conversion of bank's collateral did not constitute a willful & malicious injury under Sec. 523(a)(6) because debtor did not intend to cause harm to the bank. He used the proceeds for operating & living expenses, and to preserve bank's collateral
Debtor's conversion of bank's collateral did not constitute a willful & malicious injury under § 523(a)(6) because debtor did not intend to cause the bank harm. He used the proceeds for operating & living expenses, and to preserve bank's collateral.