The court denied creditors' motion to compel production of documents because the creditors are on a futile quest to find non-existent funds with which to pay their claims. All of the money went to the secured lender, with none left for unsecured claims.
Pre-petition loan from retirement plan is not a "debt" under Bankruptcy Code. Debtor may continue to repay the loan via payroll deductions if she pays unsecured creditors 100 % of their claims less the amount of the tax claim if the loan isn't repaid
The debtor's motion for a § 362(c)(3) stay extension was denied because she was unable to provide clear and convincing evidence of good faith in filing her current case less than a year after a prior case was dismissed for failure to make plan payments.
Debtor did not make its post-petition employee benefit plan contributions. The plans therefore had a pre-conversion administrative claim for the delinquent contributions, interest, liquidated damages, and reasonable attorneys' fees and costs
Reported at 54 B.R. 700. Debtor's Chapter 13 plan can't be confirmed over the objection of a student loan creditor because the debtor doesn't propose to apply all of his disposable income to the plan, so he can't establish good faith under Estus or § 1325
Debt to lender determined to be non-dischargeable under 11 U.S.C. section 523(a)(2)(B) because debtor intentionally submitted 2 materially false loan applications on which the lender reasonably relied. Debtor intentionally failed to list all his debts
The court denied the motion of certain creditors to conduct a Rule 2004 exam of the Chapter 11 trustee concerning his distribution of funds because there was no good cause shown. There simply were insufficient funds to pay these creditors' claims.
While an award of attorney fees in a marital dissolution action is often in the nature of support, the decision must be based on the facts of each case. Here, evidence of the parties' financial needs was insufficient to find the award non-dischargeable
The debtor's Chapter 13 attorney was awarded supplemental fees, over and above the "no look" amount approved by the court, as compensation for his post-confirmation efforts to obtain plan payment suspensions to keep the case from being dismissed.
