The court denied confirmation of debtor's plan as not proposed in good faith. Debtor improperly claimed the money paid each month to his business partner to purchase a larger ownership interest was "debt" but the court held it to be additional income.
A creditor's administrative expense claim for goods sold post-petition but pre-conversion was not timely filed. The debtor gave proper notice of the post-conversion claims bar date under Rule 1019, and no authority existed for enlarging the time
A non-dischargeability complaint on an unscheduled debt was not timely filed under § 523(a)(3)(B) because the creditor had actual knowledge of the bankruptcy filing. However, he may have grounds for a fraud action on a separate post-discharge debt.
The bank's assignment of rents gives it the right to the rents, which are deemed to be cash collateral. The debtor may not use cash collateral without permission, but such use doesn't entitle the bank to relief because the bank is adequately protected.
Prepetition income tax obligations on embezzled unreported funds are not priority claims under section 507(a)(8) and are dischargeable in a Chapter 13 case
For purposes of Neb. Rev. Stat. § 40-102, a wife who jointly owns the family home with her husband and jointly files a bankruptcy petition with him is deemed to consent to the selection of a portion of the homestead exemption from her property.
While a state court fraud judgment in debtor's favor collaterally estops relitigation of the issue in the context of §§ 523 or 727, the court may consider whether the fraud was "actual" as required under § 523(a)(2)(A), as well as whether § 707 applies
Shareholder/director's request for payment of his attorney fees by the debtor, incurred during negotiations for sale of a corporate asset, was denied for lack of subject matter jurisdiction. Opinion discusses abstention, "arising under" and "related to"
Ruling deferred on dischargeability of debt under section 523(a)(15). More evidence as to debtor's economic and medical situation is necessary
The court found debtor to be eligible for Chapter 13 relief because his non-contingent, liquidated, unsecured debts were below the § 109(e) limit and because, although self-employed, he had sufficient regular income to maintain repayment of debts
