Since Kline specifically holds that the debt, although not payable directly to a spouse, former spouse, or child of the debtor, was in the nature of support and thus nondischargeable, the debt owed by the debtor to Williams in this case is similarly nondischargeable.
The bankruptcy court calculated the landlords' administrative claims on a per diem basis by dividing the total annual rent due under each lease by 365 and multiplying that figure by the number of postpetition days (142) the leased farm land was used by the estate to grow crops. Strause, 40 B.R.
Accordingly, upon remand, should the bankruptcy court, upon analysis of the relevant facts and factors, determine that entry of an order for relief is merited under Bankruptcy Code section 303, the bankruptcy court may proceed to and determine the issue of abstention under section 305.
, In November, 1998, the bankruptcy court held a hearing on the Debtor's objection to Claim No. 23, after which, Sandra filed an amended claim, Claim No. 32, in *422 the same amount as Claim No. 23, this time on behalf of herself, Delbert, and Suburban Builders., 720 F.2d 1374, 1377 (4th Cir.1983).
, SCHERMER, Bankruptcy Judge., George Wintz and Wintz Properties, Inc., (collectively Appellants), appeal three bankruptcy court[1] orders approving sale by *842 the Trustee, Charles W. Ries (Trustee), of the estate's interests in three parcels of real property pursuant to 11 U.S.C. § 363(f).
My review of [the] records shows that beginning with checks dated February 6, 1996[, ] Properties began paying the operating and financing expenses with respect to 2323 Terminal Road, including the making of payments to Premier Bank on the obligation of Wintz Companies. Hinkel, 121 F.3d at 366;
Thompson, Jr. Lumber Co. v. Windsor Development Corp., 374 N.W.2d 493, 498 (Minn.Ct.App.1985) (subcontractors claiming a mechanics' lien for lienable work done pursuant to several contracts to construct homes, the final step being touch up work on the drywall to complete the initial installation;
The state court expressly characterized the debtor's obligations on the credit card debt and health care expenses as an integral part of the court's order concerning child support.
Other than filing its proof of claim, the mortgagee, IMC Mortgage Company (IMC) took no action during the bankruptcy and did not request adequate protection payments at any time. the postpetition mortgage payment There was no showing of a postpetition contract or of benefit to the estate.
, KRESSEL, Bankruptcy Judge. On July 1, 1999, the debtor filed a notice of appeal., [2] See Tenney v. Terry (In re Terry), 630 F.2d 634, 636 n. 5 (8th Cir.1980) where the Eighth Circuit held that the court could not sua sponte dismiss a Chapter 13 case following denial of confirmation of a plan.
Apparently interpreting Rule 4003(b) according to its plain meaning, the bankruptcy court concluded that the trustee's objection to the debtor's homestead exemption was timely filed because it occurred within 30 days after the creditors' meeting in the converted chapter 7 case.
The Constitution grants Congress exclusive power to regulate bankruptcy and under this power Congress can limit that jurisdiction which courts, State or Federal, can exercise over the person and property of a debtor who duly invokes the bankruptcy law. Such actions would otherwise be void.
Both sides came prepared for a trial on the issue of damages. Although the order stated that the court would not admit evidence as to factual findings not disturbed on appeal, such order clearly related to the findings, affirmed by the Eighth Circuit, that the Appellees were liable for fraud.
The Trust was created under Minnesota law.CONCLUSION, Based on the foregoing, the bankruptcy court's order concluding that the Debtor's interest in the Trust is property of his bankruptcy estate and directing the turnover of the Debtor's beneficial interest therein to the Trustee is affirmed.
, Debtor Gary James Blan appeals the April 15, 1999, order of the Bankruptcy Court, [1] which granted Appellee Nachogdoches County Hospital relief from the automatic stay. In support of the motion, the attorney for Nachogdoches in the state court suit testified as to the status of the proceedings.
, The term tax is not defined by the Bankruptcy Code. Numerous courts, including the court that announced the test that Debtor relies upon, have granted priority to workers compensation premiums in monopolistic states despite the fact that many other states have the option of private insurance.
, United States Bankruptcy Appellate Panel of the Eighth Circuit. However, in this case, the bankruptcy court twice determined that the debtors' property rights had not been extinguished, once when it denied IMPAC's motion and again when it confirmed the debtors' plan.
the time spent; determined by hours and rate 1984), for example, the Eighth Circuit awarded attorney's fees for travel time at counsel's full hourly rate, finding the charges for travel were reasonable and were the result of an unusually complex employment discrimination appeal.
The loan agreement grants the Credit Union a security interest in property and expressly states that such property will be described in a separate funds advance voucher. Together, these documents constitute the security agreement and satisfy the signed-writing requirement of Minn.Stat.
Timeliness of Appeal, She first argues that Alfred's post-judgment motion was untimely., The only issue presented on appeal as described in Alfred's brief is did the Bankruptcy Court commit plain error in ruling that the Appellant failed to meet the burden established in 11 U.S.C. § 523(a)(15)(A)
