A Texas court's default judgment which gave rise to the creditor's bankruptcy claim had a preclusive effect in the bankruptcy court. The doctrine of res judicata prevented the bankruptcy court from revisiting any of the issues decided in the judgment
A Chapter 11 bankruptcy trustee cannot exercise his powers under § 544 to take title to real property free and clear of the interest of a seller on contract whose deed was mistakenly recorded and whose claim was treated in the plan as a valid secured clai
The court imposed sanctions against the debtor-plaintiff for failing to properly comply with discovery requirements under Federal Rule of Civil Procedure 26(a)
Debtor's request to reinstate his dismissed Chapter 13 case and reimpose the automatic stay was denied because the schedules and proofs of claim clearly indicate that he cannot meet the debt limits to establish his eligibility for Chapter 13 relief.
The Chapter 12 trustee is responsible for the administration of the case. Plan payments must be made through the trustee, and the plan must run for the statutory time period
Collateral is valued as of the confirmation date, so post-petition increases in value are included when the claim is determined. The plan could not be confirmed, however, because debtors proposed to keep property before paying all creditors in full
*THE HOLDING OF THIS CASE HAS BEEN ABROGATED BY THE RULING IN LAW v. STOVER (IN RE LAW), 336 B.R. 780 (B.A.P. 8th Cir. 2006) (income tax refunds received post-petition are property of the estate).*
Published at 314 B.R. 433. Refundable portion of federal child tax credit is not property of the bankruptcy estate.
Reported at 379 B.R. 908. For means test purposes, an above-median debtor who proposes a five-year plan and who is repaying a 401(k) loan through monthly payroll deductions may not continue to deduct the monthly payment amount after the loan is repaid.
Reported at 177 B.R. 319. Attorneys who want their clients to reaffirm pre-petition legal fee installment agreements must request a hearing pursuant to 11 U.S.C. § 524(c)(6) and (d) to confirm that the debtors are fully informed of their rights.
