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.
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The judgment held by a creditor was an unsecured claim. Its amount could be resolved through the claims litigation process, so it was unnecessary for the creditor to obtain stay relief to have the court that entered the judgment determine its amount.
In this adversary proceeding concerning the dischargeability of a judgment debt owed to the plaintiff, as well as a request for a denial of discharge for concealment of financial information, the debtors did not respond to the plaintiff’s request for production of documents until the court ordered them to do so. The debtors eventually produced some of the tax returns and other documents sought, but did not provide tax returns for their affiliated entities, saying the entities had not filed tax returns and therefore could not provide them. The plaintiff requested sanctions for failure to timely comply with discovery orders, suggesting that entry of a judgment excepting the debt from discharge and denying the debtors a discharge would be appropriate. The court called the request “too onerous” in light of the debtors’ late but ultimate compliance with most of the request, and gave the debtors additional time to produce the rest of the materials, although the court warned it would consider imposing the sanctions requested if the debtors failed to comply.
Debtor alleged a violation of the discharge injunction in connection with creditor's state-court recovery of property. Creditor was entitled to summary judgment on Rooker/Feldman grounds and because no willful violation of § 524 was shown.
A Chapter 7 trustee's report of no distribution is not irrevocable and may be withdrawn during the 40-day period after the § 341 meeting before the abandonment is deemed to occur. On this basis, the court overruled a challenge to a motion to sell assets.
The debtor's latest in a series of bankruptcy cases did not have the protection of the automatic stay. The court found that the debtor used the system to hinder and delay the mortgage lender's efforts to collect, and the case was not filed in good faith.
The debtor was not entitled to claim an exemption in his car under Neb. Rev. Stat. § 25-1556(4) because it was inoperable as of the petition date and was not being used to travel to work. Because the car was not exempt, the bank's lien could not be avoide
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.
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.