, DEASY, Bankruptcy Appellate Panel Judge. As the Debtors do not have sufficient income over the minimum commitment period to make payments under a plan, even if the loan proceeds are income, the bankruptcy court properly found that they were not eligible for chapter 13 relief under § 109(e).
, On December 19, 2007, the IRS filed a proof of claim, which included: (1) $2, 347.63, plus prepetition interest in the amount of $635.21, for a tax assessment against Ms. Maali for the 2002 income tax year; Colonial Broad. A bankruptcy court's order granting summary judgment is a final order.
B. Bankruptcy Code § 108(c), Section 108(c) states:, [I]f applicable nonbankruptcy law, an order entered in a nonbankruptcy proceeding, or an agreement fixes a period for commencing or continuing a civil action[3] in a court other than a bankruptcy court on a claim against the debtor ...
A. Rule 56(c)(2)[2], Rule 56(c)(2) provides:, [Summary judgment] should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.
The Fifth Circuit rejected the approach as ignor[ing] the clearly-established policy of the Bankruptcy Code of encouraging promptness in the filing of objections to exemptions, because it would permit a trustee to continue a meeting of creditors indefinitely.
, [14] See also In re Nash, 446 F.3d at 192 (stating at the outset that [u]nder any test assessing eligibility for discharge of student loan debt, appellant must show that her current inability to maintain a minimal standard of living if forced to repay the debt will continue into the future.
Thereafter, the Bankruptcy Court issued the Order, accompanied by a memorandum of decision in which it concluded that Premier's lien impaired the Debtor's homestead exemption. Thus, the Debtor and Sullivan each owned a one-half interest in the Property at the time Premier's lien attached.
Warren E. Agin, the chapter 7 trustee, objected to the debtor's claim of a homestead exemption in his former marital residence under Massachusetts law on grounds that the state probate court had divested the debtor of his interest in that property in a divorce action prior to bankruptcy.
, Lynne F. Riley, Esq., 67 F.3d at 1025 (discussing cases)., In addition to holding that Tenucp had notice of the Lease rejection through the various motions and court orders approving them, the bankruptcy court also held that if it were necessary to resort to equitable relief, it would do so.
Kosinski, as trustee of Pavilion Realty Trust and manager of Boston Waves, executed a promissory note in favor of Douglas. See TI Fed. see Galindo v. Stoody Co., 793 F.2d 1502, 1513 (9th Cir.1986) (It is not enough that an issue may be `inferentially suggested by incidental evidence in the record;
See TI Fed. The Supreme Court endorsed the forward looking approach, such that when a bankruptcy court calculates a debtor's projected disposable income, the court may account for changes in the debtor's income or expenses that are known or virtually certain at the time of confirmation.
