In this case, the Federal Court held that a guarantor on a loan is not excused from liability even when the principal debtor files bankruptcy. In this case, an obligation to the creditor was guaranteed by a third-party. The principal debtor filed bankruptcy and proposed to “cram down” the obligation to the creditor. Creditor filed an action […]

Here, the debtors somehow were able to have title to their vehicles issued that did not reflect the creditor’s lien. Debtors then filed a Chapter 7 Bankruptcy and Sears filed an adversary complaint with the Bankruptcy Court alleging the debtors committed fraud in having the creditor’s lien removed from the title. A discharge under the […]

Here, a state court judgment found the debtor liable for fraud. Although the federal court has exclusive jurisdiction as to determining dischargeability in bankruptcy, the federal court nevertheless found the debtor was precluded from refuting the state court judgment. Hence, the debtor could not collaterally attack the state court judgment in federal court, and the […]

Bank-Fund Staff Federal Credit Union held a mortgage on debtors’ real estate.  The loan was in default and the credit union sought to foreclose and obtain possession of the property. The credit union initiated foreclosure proceedings and sent a Notice of Foreclosure Sale to debtors. The foreclosure notice, however, erroneously stated that the members did […]

PERSONAL LIABILITY VERSUS CORPORATE LIABILITY. In this case, the debtors, McClellan and Hoyt, were, respectively, the president and secretary of Calistoga Court Club, Inc. Calistoga Court Club, Inc. applied for and received a loan for $30,420 from a predecessor in interest to Mountain America Credit Union. The loan went into default and the debtors’ corporation […]

Debtor issued three checks to his creditors prior to his filing a Chapter 7 bankruptcy, however, those checks had not cleared debtor’s bank at the time he filed bankruptcy. The Trustee in Bankruptcy sought an order compelling debtor to turn over the funds in his account at the time he filed for bankruptcy in the […]

Here, the court dismissed the debtor’s Chapter 7 bankruptcy even though the debts were entirely consumer in nature. Here, the court found that the debtor had the financial ability to repay most of his obligations and could have filed a Chapter 13 plan of reorganization. Although Congress did not define what “substantial abuse” meant when […]

In this case, the debtor included in his Chapter 13 bankruptcy repayment plan a monthly payment of $140.00 for a camper.   The bankruptcy trustee objected to such a payment since it was not a “reasonably necessary expense” for the maintenance or support of the debtor as required by the Bankruptcy Code.   The court […]

Here, DeKaalb County Farm Bureau Cooperative Association Credit Union had three mortgages on two different pieces of the members’ real estate. The Credit Union instituted foreclosure on one of its mortgages secured by real estate that the debtors were leasing to another party. In the foreclosure action, the Credit Union requested the trial court to […]

Here, in the case of In re Krivohlavek, (8th Cir. BAP), Debtor, Terri Krivohlavek, filed a Chapter 7 bankruptcy petition with a Statement of Intentions to surrender one 2002 Ford Windstar that was pledged as collateral to Boys Town Federal Credit Union. Prior to the bankruptcy filing date, Debtor paid her secured loan at the Credit […]