As Attorney Decker put it, his law firm was now working for its money. The full amount of the arbitration award was held in a trust account with Luper Sheriff and Neidanthal (Luper Sheriff), the attorneys for Carter Steel, pending Simms Construction resolving all of the mechanic's lien issues.
It is uncontested that the provisions of the Debtor's confirmed chapter 13 plan did not comply with the provisions of the Bankruptcy Code and Bankruptcy Rules in that the Debtor failed to file an adversary proceeding to seek to discharge her student loan., Eglinton, 340 F.3d at 335-36.
, On July 12, 2000, the Debtor filed his third bankruptcy petition., In the Memorandum Order the bankruptcy court states that [i]n the course of trial, the Court discovered a number of serious false statements in the schedules and statement of financial affairs filed by the Debtor in this case.
I. Issues on Appeal, The central issue in this case is whether the bankruptcy court erred in finding that confirmation of the Debtors' plan pretermitted the issues raised in the Bank's motion for relief from stay. The court's order overruling the Bank's motion was filed on September 30, 2003.
The bankruptcy court's jurisdiction was thus invoked by CSC, a mere buyer of estate assets, in order for the court to give its *189 opinion about whether a not-yet-raised defense to a not-yet-filed collection action in some other court might be something other than a recoupment.
These courts emphasize that the reclaiming seller is entitled to a lien or administrative expense claim only to the extent that the value of the specific inventory in which the reclaiming seller asserts an interest exceeds the amount of the floating lien in the debtor's inventory.
Seeds with the patented technology are called Roundup Ready Subsequent to the district court's summary judgment that Trantham had in fact infringed Monsanto's patent, a separate jury trial was held to determine Monsanto's damages. 654, 658, 112 L. Ed. 2d 755 (1991). Carbice Corp. v. Am.
The bankruptcy court determined that cause existed for vacating the dismissal order because the conditions that resulted in dismissal, namely Debtor's illness and failure to make plan payments, had been resolved, and Gammarino would not be prejudiced by reinstatement of the case.
