Reported at 368 B.R. 845. For purposes of § 1325(b)(1)(B), a debtor's projected disposable income should be calculated by utilizing the means test's Form B22C rather than the disposable income shown by the difference between Schedules I & J's totals.
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.
Service of process on the defendant was deficient because it was addressed only to the company. Service on a corporation is to be made on an officer or agent. Service on an insured depository institution is to be made by certified mail on an officer.
A county court default money judgment against the debtor for refusing to convey property to the buyer was found non-dischargeable under § 523(a)(2)(A) on an uncontested summary judgment motion. The buyer could not recover attorney fees, however.
The debtors' second motion to assume various farm leases was untimely filed three days after the statutory 120-day deadline in § 365(d)(4), so even if the estate were to benefit, the court could not grant an extension of time to perform the assumption.
The court granted the U.S. Trustee's § 707(b)(3) motion to dismiss because debtors' vehicle & mortgage payments appear to be excessive. They have the ability to make payments to unsecured creditors, so allowing them to remain in Chapter 7 is an abuse.
Plaintiff seeks to have default judgments against defendant given preclusive effect and found nondischargeable in bankruptcy. Court finds default judgments against defendant not "actually litigated" for purposes of collateral estoppel.
There was no evidence of the debtor's intent to defraud the plaintiff, so the complaint under § 523(a)(2)(A) & (a)(4) and § 727(a)(2)(A) was denied. Absent evidence of fraud, debts arising from contract breaches generally are dischargeable.
The appropriate valuation of the debtors' vehicle for purposes of Wells Fargo's proof of claim was the replacement value, which included a deduction from the fair market retail value for damage caused by ordinary wear and tear.
The court adopted the bank's valuation of the debtor's vehicle for its claim amount. The debtor's calculation included wear-and-tear that should have been part of the N.A.D.A. valuation and other damage that should have been covered by insurance.
