Court ordered trustee to abandon real estate to the contract seller. The amount owed exceeded the land value, and it was leased to a tenant. To assume the lease & rents, the trustee would have to cure the contract default, which wouldn't benefit the estat

The court denied the lender's motion to dismiss or convert, finding the debtors' actions were undertaken to keep the farm operating and were not fraudulent or gross mismanagement. The court also suggested the debtors would be better off in Chapter 11

Summary judgment denied in section 727 action because factual issues exist, particularly on the issue of debtor's fraudulent intent. Intent is difficult to prove on documentary evidence. Discusses Code sections 727(a)(2), 727(a)(3), 727(a)(4) & 727(a)(5)

Testamentary trust created by debtor's mother constitutes a spendthrift trust because it's unclear from trust language whether debtor has an "ownership equivalent" in trust property. Debtor's interest in trust assets therefore isn't property of the estate.

The creditor did not meet its burden of establishing non-dischargeability under § 523(a)(2)(A) because it could not prove that the debtor purchased furniture on credit with the actual knowledge that he would be unable to make the payments on it.

Published at 216 B.R. 628. Trustee filed disgorgement action to recover fees paid to debtor's prior counsel in Ch. 11 case. In denying defendants' motion to dismiss, the court discussed subject-matter jurisdiction, personal jurisdiction, minimum contacts, and failure to state a claim.

Third-party creditors' objections to the compromise of a preference action should be set for trial to take evidence on the parties' intentions as to the allegedly preferential rent payments and whether the payments were really on an antecedent debt

Motion to dismiss confirmed Chapter 12 case is denied. Creditor alleges fraud and a material default by the debtor, but the evidence regarding allegedly missing equipment was insufficient to establish intentional misrepresentations or disposal of assets

Creditors' motion to dismiss was denied because debtors' circumstances changed between previous case and this one. Also, debtors' statutory redemption right became property of the estate, but land didn't, so buyers could take steps to obtain title

Because the debtor's family relied on charity, there was no evidence their financial situation would change significantly in the future, and the debtor was unable to make payments under the ICRP, repayment of her student loans would be a hardship.