Pamela Peterson v. Michael Yocum (In re Yocum), A98-8107, BK98-82409, Ch. 7
Upon divorce, debtor was assigned responsibility for certain marital credit card debt. Under 11 U.S.C. section 523(a)(15), that debt is not dischargeable
Upon divorce, debtor was assigned responsibility for certain marital credit card debt. Under 11 U.S.C. section 523(a)(15), that debt is not dischargeable
Four co-borrowers signed promissory note. One received a bankruptcy discharge, so he can't be forced to contribute. The obligation on the note should be divided three ways
An interest in a limited partnership owned by a non-debtor company but listed as an asset of the debtor was not property of the bankruptcy estate and could not be used to pay the debtor's creditors
The bankruptcy court denied a creditor's motion to dismiss debtor's Chapter 13 petition for lack of good faith. Contrary to the creditor's argument, the evidence did not establish that the debtor failed to properly list assets or keep adequate records
Mortgage creditors' motion for relief was denied. The court's prior order did not change the payment due date, and debtor was current on her payments. Sanctions will be imposed if the creditors file a motion for relief without a valid basis for doing so
The divorcing debtors were joint tenants in their residence at the time it was sold. Accordingly, they could claim a homestead exemption in the total amount of the proceeds, even though the proceeds were divided between them and disbursed separately.
Tax liens securing non-dischargeable tax debts remain valid and enforceable against pre- and post-petition property; tax liens securing dischargeable debts are enforceable against pre-petition property but do not attach to property acquired post-petition
A default judgment against the debtor in a personal injury lawsuit was non-dischargeable under § 523(a)(6) because the debtor deliberately, intentionally, willfully and maliciously operated his vehicle without purchasing liability insurance
The court approved a motion to approve a settlement of the division of marital assets and liabilities between the estate and the non-debtor ex-spouse because it was a reasonable resolution of the issues and in the bankruptcy estate's best interest.
The debt at issue, based on a promissory note signed post-confirmation, was a post-petition obligation and was not subject to discharge. The automatic stay did not prohibit the plaintiff from attempting to collect the debt via a state court lawsuit.