The Debtors argue that discrimination in favor of student loan claims is justified by the purpose it would serve: to enable them to pay their student loans in full through the plan and then to emerge from bankruptcy free of those obligations, with a fresh start. given preferential treatment.
Had Sharon Osenkowski been notified and scheduled when the Debtor first learned of her complaint against him and his bankruptcy case was still young, her suit would not have gone forward unless and until she obtained a determination in bankruptcy court that her debt was excepted from discharge.
, Approximately a year after Citibank filed its Reply to the Motion for Partial Summary Judgment, the bankruptcy court entered its decision and order, denying the Debtors' Motion Requesting Sanctions against Citibank and their Motion for Partial Summary Judgment. 196 F.3d at 266., 878 F.2d at 1561.
It contends that this fact, if true, would demonstrate that Debtor is not entitled to the exemption because the statutory exemption only applies to the amount placed in the IRA account which is income tax exempt, $2, 000.00 per year., Judge Vaughn disagreed with both arguments advanced by Premier.
, The bankruptcy court's decision followed the holding and rationale of In re Trowbridge, 74 B.R.[9] But neither did it object to the trustee's abandonment of 140 South Main on the grounds that it would be subject to liability for estate-incurred property taxes. 2000) (Mailman II);
It contends that the court could not permissibly determine that Fili owed it nothing without conducting an evidentiary hearing and it argues that, because the claims filing bar date had not expired, the court could not permissibly extinguish its claim through plan confirmation. 990 F.2d at 162-63.
However, we have not found a single case which has estimated a debtor's postpetition administrative tax claim pursuant to However, in order to cede jurisdiction to determine the tax liability of the Debtors, the bankruptcy court had to first abstain from hearing that matter itself.
, United States Bankruptcy Appellate Panel of the First Circuit. Mammoth Mart, 536 F.2d at 953 (claims for severance pay by employees laid off postpetition were not entitled to administrative expense priority where no portion of the *850 claim could be apportioned to postpetition employment).
Borg-Warner Acceptance Corp. v. Hall, 685 F.2d 1306, 1309 (11th Cir.1982). Recently a single judge of this court ruled that a bankruptcy court's denial of a motion seeking relief from stay was a final order, and thus denied the debtor's motion to dismiss the creditor's appeal. See supra note 8.
, [2] The 10 day period for filing an appeal is modified by Fed.R.Bankr.P.8002(b), which provides that the time for filing the notice of appeal runs from the date of entry of the order disposing of any timely motion to alter or amend the judgment. Stangel v. United States, 68 F.3d at 859.
, (iii) the discharge in bankruptcy of any of Plaintiff's unsecured debt to Defendant; Did the Bankruptcy Court exceed its authority in granting relief in the form *163 of approving a reaffirmation agreement on terms not consented to by KFCU and in granting injunctive relief Power Recovery at 802.
The following day he appeared at a previously scheduled hearing regarding interlocutory support issues in Puerto Rico Superior Court (the divorce court), where a divorce action with Rivera was pending. We reverse the order denying Colon § 362(h) relief, and remand for a hearing on damages.
However, we have not found a single case which has estimated a debtor's postpetition administrative tax claim pursuant to § 502(c). However, in order to cede jurisdiction to determine the tax liability of the Debtors, the bankruptcy court had to first abstain from hearing that matter itself.
ORDER, FBI Distribution Corp., f/k/a Filene's Basement, Inc., FBC Distribution Corp. f/k/a Filene's Basement Corp. (the Debtors and Appellees) and Needham Street Investment Trust (the Appellant) have filed a Joint Motion for Approval of Stipulation for Dismissal dated August 23, 2001 (the Motion).
