On May 10, 1982 FNMA filed a complaint for relief from the stay under § 362(d)(2) alleging that the debtors had no equity in their home but did not oppose confirmation of the plan., Both cases were heard by the bankruptcy judge at the same time and involved identical issues of law.
, Although the court was asked to decide whether a tort claim is contingent as to liability in Denham v. Shellman Grain Elevator, Inc., 444 F.2d 1376 (5th Cir.1971), it held instead that the claim had been reduced to juridical award, which . These cases are not relevant under the Bankruptcy Code.
[1] It made this ruling even though one of the appellants, Saghi, had filed a civil action in the Superior Court for San Mateo County California and recorded a lis pendens asserting various claims with respect to the property shortly before the debtors filed their bankruptcy petition.
Apparently the Trustee's theory is that the filing of the lis pendens within the preference period is comparable to the perfection of a security interest on property of the estate or the perfection of a transfer of the debtor's property in satisfaction of an antecedent debt by a creditor.
, Accordingly, Koehring's claim that Credit America's priority should not be advanced in the perfection lapse because of their knowledge of Koehring's security interest, must fail. Thus we hold that parole evidence may not be admitted to reform the instant security agreement. filing statements.
, for appellees., However, Appellants argue that this general rule applies only where Fed.R. See 13 Collier on Bankruptcy Whittlesey v. Weyhauser Co., 640 F.2d 739, 741 (5th Cir.1981) (district court, through the bankruptcy judge, has wide discretion in entering a default judgment);
, 7) A copy of the letter from Colin to Wells Fargo waiving Swift's bankruptcy as a defense to payment under the letter of credit., Crocker requested that the trial date be reset on three separate occasions, stating that it had insufficient time to complete discovery and prepare for trial.
, for appellants.OPINION, GEORGE, Bankruptcy Judge:, Consolidated in this appeal are two Chapter 13 cases in which the bankruptcy court confirmed plans calling for the current payment of secured creditors outside the plan and the payment of arrearages on those secured debts through the plan.
, As we understand the trial court's memorandum opinion, the threat to the debtor's estate lay in the possibility that the back pay awards of the NLRB might be deemed priority claims, the payment of which would preclude the payment of dividends to general unsecured creditors.
Tri-State moved for summary judgment affirming the priority of its security interest over the other claimed interests, and cross-motions were filed by the other interested parties. Spence and Norton have delivered all cash proceeds from the sales of cattle to Tri-State .
*130 OPINION, CALVIN K. ASHLAND, Bankruptcy Judge:, The debtor appeals a judgment setting aside a fraudulent transfer for the benefit of the bankruptcy estate. After the transfer the debtor did not possess the stock because it is in the possession of his brother, the transferee.
v., UNIVERSAL GUARDIAN CORPORATION, Appellee., BAP No. SC 82-1418 EAsG, Bankruptcy No. 8202330-K11., *530 The memorandum filed by the trial judge indicates his feelings that the debtors did not have the ability to effectuate a plan which is grounds for dismissal or conversion, § 1112(b)(2).
In answer to the question in their statement of affairs as to what tax refunds they might be entitled to, the debtors replied none. Bankruptcy Rule 810; The court found it significant that Mr. Shults had previously filed bankruptcy and therefore must have been familiar with bankruptcy procedure.
, ELLIOTT, Bankruptcy Judge:, Spokane Seed Company (the Appellant) appeals from an order granting summary judgment to the Trustee requiring it to disgorge a preference in the sum of $62, 920 and refusing to recognize a credit of $54, 340 for new value. The Appellant promptly deposited the check.
356 F.2d at 51. 832, 11 L. Ed. 2d 63. If the posture of the parties were reversed and Bender was asserting a claim for damages against the debtor Morgan, the strong bankruptcy policy of resolving claims against the debtor in the bankruptcy court forum would overcome any res judicata arguments.
Should the trial court have considered evidence showing that the New York judgment and the corresponding California sister state judgment did not accurately reflect the amount of the debt actually owed In that case a creditor obtained a default judgment in a federal district court.
The NACC lien was junior only to the Heidelberg lien against the equipment of the debtor and senior on the inventory and equipment. Wells Fargo sought and obtained from the bankruptcy court an Order to Compel Marshalling of Assets and to Determine Priority of Rights in Property of the Estate.
OPINION, KATZ, Bankruptcy Judge. Mrs. Kisich claims that when the initial title report came back, she informed the appellants that she thought there was a tax lien on the property, but eventually assumed it had lapsed because the title company assured her there was no record of a tax lien.
762 (1983), In re Thomas Arthur TEEL, Debtor., In discussing the bankruptcy court's jurisdiction over community property under the new Code, the editors of Colliers state:, Frequently, a bankruptcy case is commenced by one spouse during the pendency of a dissolution or divorce proceeding.
Sells v. Sonoma V (In re Sonoma V), 24 B.R. that payment to appellees under the plan, of proceeds *760 claimed by appellants [Fields Sells], was not warranted. The parties have referred to the proceeds of sale which were subject to the stay order as encumbered and all other funds as unencumbered.
