Under the circumstances, land contracts to be transferred as partial payment of certain claims should be valued at their face value. Wichmann should not be applied when the resulting discount rate would be lower than the rate proposed by either party
One student loan creditor was dismissed from the case and another was added. Pending motions against the dismissed creditor were denied. The debtor was granted time to file an amended complaint stating allegations against the newly added creditor.
The court granted a land seller's motion for stay relief, finding that the property was not necessary for an effective reorganization because debtors did not appear able to improve their cash flow and make payments for the land and real estate taxes.
Debtor's assignment of a life insurance policy to the bank was valid, despite defects in the execution of the assignment, and the bankruptcy trustee holding the cash value of the policy for the estate should turn the funds over to the bank
The court disqualified debtor's ex-husband's attorneys because one member of the firm had worked for a firm representing debtor during the parties' divorce. Counsel had a conflict of interest because the ex-husband's claims arose from the divorce.
Debtor's student loan obligations were declared dischargeable under section 523(a)(8)(B) because repayment would create an undue hardship for him and his family. His physical disability precludes him from holding any gainful employment
The debtor, who on the petition date was unmarried with no dependents, was not a head of household for purposes of claiming a homestead exemption. Although his girlfriend lived with him, the circumstances did not fall within any subsection of § 40-115.
Personal property is subject to an IRS lien, although it may not be seized to satisfy the lien. Also, the Bankruptcy Code is clear that taxes assessed or subject to an offer in compromise within a certain period pre-petition are unsecured & non-priority
Summary judgment denied on debtor's request to discharge her student loans because of undue hardship. Material factual issues exist which require an evidentiary hearing
