Under §§ 707(b)(1) and (3)(B), it would be an abuse of the provisions of Chapter 7 to permit debtors to devote more than 82 percent of their income to interest-only mortgage payments for a brand-new house while paying nothing to unsecured creditors.

In an objection to confirmation centered on a dispute over vehicle valuation, the creditor's evidence of value was from a time closer to the petition date than the debtors' evidence was, so it was the more appropriate value to use pursuant to § 502(b).

The court granted debtors' motion to avoid lien because the total of liens and exemption exceeds debtors' interest absent liens, and is avoided by amount of difference. The amount of difference exceeds the lien amount, so the lien is avoided in full.

Published at 370 B.R. 219. The plain language of § 1325(a)(9)'s hanging paragraph indicates that "acquired for the personal use of the debtor" applies only to motor vehicles, and not when the collateral for the debt consists of any other thing of value.

Published at 370 B.R. 215. The state's attempt to recoup the pre-petition overpayment of unemployment benefits from benefits payable to the debtor post-petition did not arise from the same transaction and therefore violated the automatic stay.

Through mutual mistake, a creditor was overpaid on its secured claim. The trustee requested a refund but creditor did not comply. The court ordered the creditor to turn over the funds by a date certain or face monetary sanctions for failing to do so.

The representative of a corporate debtor may invoke his constitutional rights against self-incrimination while appearing at a Rule 2004 examination; therefore, he may not be forced to testify, although negative inferences may be drawn as a result.

An unmarried debtor with no children could claim a homestead exemption as head of a family because he had lived in the house with his mother pre-petition, providing care and support for her, although she no longer resided there on 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.

Claim for damages for delay in closing real estate sale was denied because the trustee timely assumed the contract and acted promptly to complete closing.  A proof of claim on a stock sale was prima facie valid, with no substantial evidence to rebut it.