E. If, however, Rainbow Trust failed to make either of the payments, the Stipulation authorized Moulton to seek, without further notice, the entry of a judgment against Rainbow Trust for $965, 756.00 and costs, less only any sums paid pursuant to [the Stipulation]. Extent of lien;
, United States Bankruptcy Appellate Panel of the Second Circuit. By the Payment Account Agreement the Debtor granted the banks a security interest in the monies on deposit in the Payment Account equivalent to one month's advance payment due on all of the leases sold to that bank (the Collateral).
2187, 2190, 124 L. Ed. 2d 424. the plan may For example, in Koopmans v. Farm Credit Services of Mid-America, ACA, 102 F.3d 874 (7th Cir.1996), the Court of Appeals for the Seventh Circuit addressed the applicable interest rate in the case of an oversecured loan in a Chapter 12 cramdown.
, United States Bankruptcy Appellate Panel of the Second Circuit. In this instance, the separate paper rule has as a purpose, among many, to relieve the Clerk of the Bankruptcy Court from the duty of having to ascertain by reading the Notice of Appeal to what court an appellant is appealing.
of Carle Place, L.P. In addition, Citizens will suffer some injury from its inability to satisfy its debt. 353 (after learning that a debtor had filed a chapter 13 petition before receiving his chapter 7 discharge, the court sua sponte issued an order to show cause to dismiss the chapter 13 case).
487, 88 L. Ed. 659 (1944); On the other hand, particularly in light of the fact that Prudential did not purport to act as management, the bankruptcy court could find that Zeisler Zeisler was well justified in continuing to act on behalf of the estate. 76 F.3d 66, 72 (2d Cir.1996);
consumer protection. In particular, RISA statutes that specifically recognize the availability of a security interest in connection with both types of transactions, provide different rates of interest that may be charged under a retail charge agreement and a retail installment contract.
, [1] In fact, although it appears from the exhibits that the court below does entertain requests to reinstate the § 362(a) stay by Motion or by Application for an Order to Show Cause, we believe that the matter is governed instead by FRBP 7001(7), and requires an Adversary Proceeding.
1982) (the trustee in bankruptcy is not a `party in interest' for the purpose of applying for the extension of time on behalf of creditors of the estate to file complaints to determine the dischargeability of their debts), Federal Deposit Insurance Corporation v. Kirsch (In re Kirsch), 65 B.R.
Batstone has been free to pursue the state court action ever since the default judgment in late May 1996 if not before (we do not know the outcome of the February 12, 1996 motion to lift the stay), and reopening the Emmerling Chapter 7 case should not delay that action one iota.
Because the Trustee's ex parte motion violated 11 U.S.C. § 707(a) and failed to disclose material facts showing lack of cause for dismissal, the order of dismissal is VACATED and the case is REMANDED to the Bankruptcy Court. v. Craft, 436 U.S. 1, 13, 98 S. Ct. 77, 78 L. Ed. 2d 89 (1983)).
