[3] Further, the plan would have been unconfirmable because the appellee would have received nothing on its $800, 000 unsecured claim, yet the plan still allowed the debtor to retain an interest in the future profits from the sale of the property. See 11 U.S.C. § 1129(b)(2)(B)(ii).
, The bankruptcy court found that the lease was intended as a security agreement and ordered Pac West to turnover the equipment to Falk Farms., The bankruptcy court found all of the factors listed above except for the acceleration of rent payments clause and the nominal purchase price.
Here the Bankruptcy Court has granted Ms. Lysenko relief from the automatic stay. There are no California cases to guide us as to whether the California courts would judge this fresh start purpose as a sufficient debtor's right to bar setoff against assets exempted under Section 522.
664 F.2d at 1160. Additionally, the bankruptcy court's extension orders in the instant case, insured the continued protection of Willamette by specifically allowing any party in interest to seek a reduction in the time period and additionally required that status hearings be had every 60 days.
, In the instant case, the trial court found that the appellants failed to produce a written response to Edmar's document request, failed to produce the documents, and failed to answer Edmar's Second Set of Interrogatories, and had thereby violated the express terms of the bankruptcy court's order.
232, 9 L. Ed. 2d 190 (1962), also a Miller Act case, the Supreme Court held that a surety has the common-law right of subrogation to contract balances upon completing of the job and payment of the subcontractors and materialmen, which is superior to the interest of the bankruptcy estate.
OPINION, MOOREMAN, Bankruptcy Judge:, In appeal No. CC 88-1047, appellants (debtors) argue that an award of attorney's fees and costs arising out of an adversary action in a Texas bankruptcy case should not be considered a liquidated debt pursuant to 11 U.S.C. § 109(e). In re Sylvester, 19 B.R.
The court stated:, It is undoubtedly the rule that compensation in general must be paid to the person who owns the property at the time it was taken or injured. In the case at bar, therefore, the bankruptcy trustee was properly awarded the condemnation proceeds paid into the court by the city.
, 827 F.2d 1221-22. While the use of the contempt power may not be available to the bankruptcy court, use of sanctions in specific circumstances is appropriate:, Bankruptcy Rule 9011 authorizes the imposition of costs and attorney's fees as sanctions for the filing of frivolous claims or motions .
Sandra L. Stolrow, Inc., Appellees., Appellant contends that the bankruptcy petitions were not filed in good faith because they were a tactical move by solvent debtors in a shareholder dispute governed by state corporate law, and therefore outside the jurisdiction of the bankruptcy court.
O'Neal's Claim: CC 87-1294, Mr. O'Neal, in addition to his involvement in the Pepperdine purchase, was also involved in certain transactions with Brentwood and Mr. Delahunty. v. White Co., 546 F.2d at 791., The actual SIPC claim form executed by McMurray sets forth her cash claim at $105, 000.
OPINION, JONES, Bankruptcy Judge:, The United States Trustee appeals an order authorizing a fee payment and application procedure whereby professionals employed by the debtor and its creditors' committee would be paid each month without prior court approval of billing statements.
OPINION, ASHLAND, Bankruptcy Judge:, The United States appeals a grant of summary judgment in favor of Robert and Mary Isom (debtors) ordering the removal of prepetition tax liens., The clear language of section 6325(a)(1) provides for the release of the tax lien when the liability .
This order was not appealed. However, the court granted Johnson an extension of time in which to file a proof of claim on the grounds that Johnson was unaware of his claim against the Debtors until after the bar date had passed, and the Debtors would not be prejudiced by the filing of the claim.
If a money judgment for a debt is entered after the division of property, it is not enforceable against the nondebtor spouse or the community property she received unless she is made a party to the judgment., If this statute is applicable in the instant case, Vidosava must prevail.
OPINION, RUSSELL, Bankruptcy Judge:, Debtor Fernando Magallanes appeals a bankruptcy court's Memorandum Decision and Order sustaining the Chapter 7 trustee's objections to the debtor's claims of exemption. Matter of Williamson, 804 F.2d 1355, 1359-62 (5th Cir.1986); Bankruptcy Rule 1019.
OPINION, ASHLAND, Bankruptcy Judge:, Donald Cole appeals the bankruptcy court's denial of his uncontested homestead *708 exemption.ISSUE, Did the court err in denying Cole's undeclared homestead exemption in proceeds generated from the sale of his residence , Cal.Civ.Proc.Code § 704.720(b).
OPINION, RUSSELL, Bankruptcy Judge:, The Superior Court of California, San Diego County, awarded a portion of appellant/debtor's retirement pension to appellee, his former wife (wife), in a Judgement for Division of Community Property subsequent to their marriage dissolution. Bankruptcy Rule 8013.
OPINION, ASHLAND, Bankruptcy Judge. Mullis v. U.S. Bankruptcy Court, Dist. of Nevada, 828 F.2d 1385, 1388 (9th Cir.1987). As discussed, the court had already ruled on Walters' complaint to determine dischargeability and an appeal of that decision was pending at the time the complaint was filed.
The debtor, on that date, according to appellant's priority *627 tax claim, owed the state $5, 334.10., The court below ruled that, while the Board held a security interest, the funds represented by the certificate of deposit were property of the bankruptcy estate; 2824, 100 L. Ed. 2d 925;
