The Chapter 13 debtor's criminal conviction for theft by deception for converting funds of her employer contained the same elements as a finding of non-dischargeability under section 523(a)(4) for embezzlement, so the debt is excepted from discharge
Debtors may use Chapter 13 to discharge debts that would be non-dischargeable in Chapter 7. In this case, although there is no evidence of a lack of good faith in filing the bankruptcy petition or in proposing the plan, the plan as proposed is not feasible
Because proper service was not made on the IRS, court did not have jurisdiction over it when ruling on debtors' motion to determine tax liability. Pre- and post-petittion interest & penalties are non-dischargeable and are debtors' personal responsibility
The court ruled that the non-debtor spouse could liquidate jointly held shares of stock and take control of her one-half interest in the proceeds, with the debtor's share remaining in an account pending the outcome of the trustee's avoidance action.
The attorney for debtor's ex-wife moved to recover fees under § 506(b) for pursuing the ex-wife's claim in bankruptcy and attempting to collect the di
Because the parties' franchise agreements were the very core of debtor's business, it was in the best interest of the debtor and the estate to permit the debtor to evaluate the assumption or rejection of the agreements during the exclusivity period.
On an adequate protection proposal, the court must establish the value of the secured creditor's interest; identify the risks to that value; & determine whether the proposal, consistent with indubitable equivalence, protects the value against risk
The court denied summary judgment to the defendant/non-debtor spouse on the trustee's avoidance action because fact questions existed about some transfers, including post-petition stock transfers and the source of funds for payment of expenses.
When a promissory note is made in one state but performed in another, the law of the place of performance generally governs. Because Nebraska debtors were to send payments to lender's Iowa office, Iowa law applied – the note's interest rate wasn't usuriou
Debtors' case was dismissed as having been filed in bad faith. Their previous cases were filed to interfere with a creditor's rights, and they were not eligible for the chapter they filed under, but falsified documents to make it appear they were
