In this case, the Court addressed whether the prohibition against transfers to creditors prior to the bankruptcy filing begins from the date of transfer, or runs backward from the date the bankruptcy is filed. Here, the creditor obtained a judgment lien against the debtor’s property 90 days before the date of the filing of the debtor’s […]

Here, debtor purchased more than $1,100 of collector Barbie dolls and accessories within 40 days of filing for bankruptcy. Debtor sought to discharge these debts to the creditor who issued the credit card upon which the charges were placed. Creditor filed an adversary complaint with the Bankruptcy Court claiming that these Barbie doll purchases were “luxury […]

Debtor’s attempt to re-open his bankruptcy case was denied by the Court when debtor asked to reopen his bankruptcy case fourteen months after the case was closed.   The debtor sought to reopen the case and add an additional creditor which had not been listed in the initial case. The bankruptcy court applied the “doctrine of laches”, which prohibits an […]

Bankrupt Debtor may only redeem collateral in one payment. Redemption installment payments prohibited if debtor elects to retain vehicle.     Here, debtor sought to redeem Ford Motor Credit collateral by paying installment payments for the value of the vehicle, instead of one lump-sum redemption payment. Section 722 of the Bankruptcy Code provides, in pertinent part: An individual debtor may, whether or not the […]

Here, the Court considered whether a debtor may keep property secured by a mortgage to the credit union even if the debtor does not either reaffirm, surrender or redeem the obligation.   In this case, GNC Credit Union held a mortgage issued by the debtors and secured by their home. The balance on the loan was […]

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 […]

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, 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 […]

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 […]

In this case, the bankruptcy court denied debtors’ discharge after debtors transferred property, without consideration, to close friends and relatives with the intent to hinder, delay or defraud creditors. Here, debtors filed a Chapter 7 bankruptcy and a creditor filed an adversary complaint with the court seeking to deny debtors’ discharge. The creditor’s complaint alleged […]