The trustee rested entirely on *580 his legal argument that commingling the proceeds of Rhode Island entirety property with non-entirety monies in a non-entirety Rhode Island account defeated McNeilly's claim to an entirety interest in the Vermont account.[14], Here the court went astray.
, BOROFF, Bankruptcy Judge., Billings and Cheryl Mann (the Debtors), debtors in a bankruptcy case pending in the United States Bankruptcy Court for the District of Rhode Island, have two mortgage liens on their principal residence. Wilson v. Commonwealth Mortgage Corp., 895 F.2d 123 (3rd Cir.1990);
See Parker, 139 F.3d at 671. McClellan Fed., In Burr, the Court of Appeals for the First Circuit stated its position regarding the § 521(2) controversy by siding with the more restrictive view that a Chapter 7 debtor's § 521(2) options are limited to surrender, redemption, or reaffirmation.
496 (2000), In re Eileen M. LaPOINTE, Debtor. Specifically, NLI argues that the bankruptcy court should not have disallowed its claim in full, but should have applied a damages setoff theory, which would place the burden on the Debtor to show the injury resulting from the improper sale.
It is undisputed that Handel spent more of the 180 days preceding the bankruptcy filing in the District of New York than in the District of Massachusetts, Western Division, where he filed a Chapter 7 petition on March 31, 1999, alleging a Massachusetts residence. Frame, 120 B.R.
, Before us is Janet Johnson's appeal from the bankruptcy court's order entering judgment against her, and in favor of debtor Dorothy MacPherson, on MacPherson's complaint seeking an off-set against Johnson's acknowledged secured claim. A default judgment is a final order, ripe for our review.
1 (2000), In re Vernard M. GRANDERSON d/b/a Almeida Rest Home, Debtor. Accordingly, the Order dated April 30, 1999, denying the Joint Motion to Remove the Trustee, and the Order dated May 4, 1999, overruling the Grandersons' objection to the Bank's Motion to file a late opposition are AFFIRMED.
It is from this order that the Appellant appeals. First, if and when the nondebtor spouse ceases to occupy the property as her or his principal residence, the property is subject to seizure and execution in satisfaction of a lien on the interest of the debtor spouse., Value of Debt
To the contrary, the payments were approved pursuant to § 105, irrespective of them being non-priority obligations, because Crafts argued that there was substantial risk that employees would leave Crafts if the entire amount of accrued vacation pay was not paid. 4 Collier on Bankruptcy,
, [44] See, e.g., Gier v. Farmers State Bank (In re Gier), 986 F.2d 1326 (10th Cir.1993) (no error in bankruptcy court finding bad faith plan proposal under Estus factors where debtor failed to discharge section 523(a)(6) debt in Chapter 7 and attempted to discharge same debt in Chapter 13);
See Order Confirming Plan at In his dismissal motion, the Trustee requested that the Debtors' case be dismissed because the Plan, as confirmed, did not provide for payments sufficient to pay both the IRS's postpetition tax claim and a ten percent dividend to the Debtors' unsecured creditors.
v., CGE Shattuck, LLC, Appellee. 1986), the First Circuit Court of Appeals ruled that an order lifting the automatic stay is an appealable final order, and, in so doing, cited favorably the Leimer case granting appellate review from a bankruptcy court order denying relief from the automatic stay.
, Boston, MA, for William Brandt. Sentinel invokes this rule to sustain its request for both the turnover of funds and for an independent accounting, arguing that the second interim post petition financing order renders both of these rights enforceable under Rule 7071.
, Annino, Draper Moore, P.C., In addition to the Joint Pre-trial Statement, the bankruptcy court considered the debtor's petition, schedules and statement of financial affairs, the debtor's answers to interrogatories, and the trial testimony of the debtor and his father.
, We are asked to determine whether the court below erred when, following Chapter 7 debtor Stephen McCarthy's successful defense of Bridgewater Credit Union's nondischargeability complaint, it denied his request for a § 523(d) award of attorney's fees. McCarthy promptly appealed.
, The debtor, Kimberly G. Warner (Warner), appeals from an order issued by the United States Bankruptcy Court denying her motion to vacate a default judgment and denying her leave to file a late answer in an adversary proceeding filed against her by John Perry (Perry). CRS Steam Inc., et al.
, Following these basic tenets of bankruptcy and tax law that make interest an integral part of the continuing debt, it is illogical to suggest, as the Bankruptcy Court's reading of section 503(b) does, that Congress intended that penalties be given a higher priority than interest.
On April 21, 1999, the bankruptcy court granted Campana's motion for summary judgment and denied Pilavis's cross motion. Campana's motion contains, inter alia, the following statement of material fact from Pilavis's own prior sworn affidavit:, The Debtor has never kept books and records.
Francis J. Pagurko (Pagurko) was the owner of property in Harpswell, Maine., We hold that under Maine law the purchaser under an installment sales contract holds an equitable interest in real property. Upon a bankruptcy filing, such an interest becomes property of the debtor's estate.
