Clear

688 search results for query *


Summary: 205 B.R. 407 (1997) In re ORIENTAL RUG WAREHOUSE CLUB, INC., Debtor. The above-entitled matter came on for hearing before the undersigned on December 4, 1996, on the objection of the Debtor, Oriental Rug Warehouse Club, Inc., to the secured claim of Yashar Rug Co., Inc. ("Yashar"). Instead, the Debtor invested the proceeds from the sale of Yashar's rugs into the purchase of replacement rug inventory or otherwise retained the proceeds. In support of its proof of claim, Yashar argues that, althoug......read more.


Summary: 129 B.R. 179 (1991) In re GAMEST, INC., Debtor. Thomas F. MILLER, as Trustee for the Bankruptcy Estate of Gamest, Inc., Plaintiff, v. RAUSCH-ALAN, INC., Ridgedale State Bank, Simcor, Inc., Michael Blake, James Welbourn, and Michael Ferguson, Defendants. On November 22, 1988, Simcor and the Debtor entered into a credit agreement whereby Simcor would provide a line of credit based on a percentage of the Debtor's accounts receivable. Following execution of the agreements among the Debtor, the Bank ......read more.


Summary: 60 B.R. 717 (1986) In re Edward R. STICHA, Sr., aka Eddie Sticha and Susan E. Sticha, Debtors. On January 14, 1986, the Debtors filed a motion to avoid the State Bank of Lonsdale's nonpossessory, nonpurchase-money liens on this property pursuant to 11 U.S.C. § 522(f).


Summary: 385 B.R. 274 (2008) In re Geoff Paul DRAISEY and Kristin Denise Draisey, Debtors. Through it, the UST seeks dismissal of this case pursuant to 11 U.S.C. § 707(b)(1), on the ground that the granting of relief under Chapter 7 to the Debtors would be an abuse of that chapter's provisions. Debtor Kristin Draisey was unemployed for most of the period relevant to § 101(10A); thus, the backward-oriented calculus of the "means test" of § 707(b)(2)(A) does not factor out to a surplus that would trigger t......read more.


Summary: 60 B.R. 298 (1986) In re David Paul SIKKINK and Mary Ann Sikkink, Debtors. Parcel 3, consisting of 160 acres, is being purchased by debtors under a contract for deed from Fay and Cleo Sikkink.


Summary: 75 B.R. 877 (1987) In re Lester Francias PRITCHARD, Debtor. This Chapter 7 case came on before the undersigned United States Bankruptcy *878 Judge on May 14, 1987, upon the Trustee's objection to Debtor's claim of exemption in certain federal farm program entitlements. The provision of 16 U.S.C. § 590h(g) upon which Debtor relies simply does not contain language protecting Debtor's personal entitlement by shielding the federal agricultural-program payment in question from garnishment, attachment......read more.


Summary: 49 B.R. 109 (1985) In re James Ralph LILYERD and Christel Bridgett Lilyerd, Debtors. On February 28, 1985, a hearing was held upon Debtor's motion for use of cash collateral under 11 U.S.C. § 363 and on Debtors' attorney's application for allowance of attorney fees.That Debtor J. Ralph Lilyerd, Jr., is customarily employed on a seasonal basis as a welder in the pipeline construction trades; in addition, Debtors have derived income over the past several years from the cutting and sale of wood on ......read more.


Summary: 71 B.R. 1017 (1987) In re Keith R. RICHARDS, Debtor. F & M MARQUETTE NATIONAL BANK, Plaintiff, v. Keith R. RICHARDS, Defendant. John Troyer represents Plaintiff F & M Marquette National Bank (Marquette or the Bank), and William Kampf represents Defendant Keith R. Richards. 11 U.S.C. § 523(a)(2)(B) provides in pertinent part: (a) A discharge under section 727, 1141, or 1328(b) of this title does not discharge an individual debtor from any debt— (2) for money, property, services, or an extension, ......read more.


Summary: 41 B.R. 390 (1984) In re Ralph L. STOFFEL and Maryann H. Stoffel, individually and dba River Ridge Farm, Debtors. The debtors have long-term secured debts to the following entities: FLB— $341,085.00; FmHA—$107,617.00; and Florence Stoffel—$120,000.00. Interest on the Stoffel note accrues at 7% per annum. Florence Stoffel is secured by a contract for deed on all the farm real estate. The plan proposes to pay Florence Stoffel, the debtor's mother, on the contract for deed according to its terms co......read more.


Summary: 239 B.R. 532 (1999) In re Brett Alan MAKINEN, Debtor. BACKGROUND The debtor, Brett Alan Makinen, is a self-employed exotic dancer. In Stuart v. Koch (In re Koch), 109 F.3d 1285, 1288 (8th Cir.1997) the Eighth Circuit Court of Appeals held that the substantial abuse inquiry focuses on a debtor's ability to pay the debtor's debts. As the Court pointed out in Koch, for example, a debtor's exempt homestead with value in excess of the debtor's unsecured debts is an unlikely target of § 707(b)'s abili......read more.


Summary: 68 B.R. 581 (1986) In re Douglas F. SMITH and Kathryn J. Smith, Debtors. This matter is before the Court on the trustee's objection to Debtors' claimed exemptions. The Debtors filed their petition under 11 U.S.C. Chapter 7 on April 9, 1986. The Debtors argue that the truck is an item within the scope of the exemption statute, and rely in substantial part on an official opinion issued April 19, 1960, by the then Minnesota Attorney General. 6, provides an exemption for individuals of an interest i......read more.


Summary: 52 B.R. 99 (1985) In re Kevin James MONTAVON, and Deborah Lynn Montavon, individually and d/b/a Montavon Pharmacy, Inc., Debtors. That Debtors' Schedule B-2 on their Bankruptcy Petition included an entry for Individual Retirement Accounts ("IRAs") for both individual Debtors, with scheduled values of $4,755.00 for Debtor Kevin James Montavon and of $2,455.00 for Debtor Deborah Lynn Montavon. That Debtors have since stated by Affidavit that they hold their IRAs under contract with the American Un......read more.


Summary: 459 B.R. 15 (2011) In re Louis Kenneth NYBERG, Kathleen Mary Lausche, Debtors. Timothy Guzick, as Personal Representative of the Estate of George J. Nyberg and as Trustee of the George J. Nyberg Trust, Plaintiff, v. Louis K. Nyberg and Kathleen M. Lausche, Defendants. Michael Ruffenach appeared on behalf of the defendants, debtors Louis K. Nyberg and Kathleen M. Lausche. George was very close to his brother, Louis Nyberg, Sr., and Louis Nyberg, Jr., hereinafter "Louis," was George's godchild. Th......read more.




Summary: 62 B.R. 526 (1986) In re Gerald A. SCHAUER and Corinne A. Schauer, Debtors. Samuel V. CALVERT, Trustee in Bankruptcy, Plaintiff, v. BONGARDS CREAMERIES, a cooperative association, Gerald Schauer and Corinne Schauer, Defendants. No appearance has been made by or on behalf of Defendants Gerald and Corinne Schauer (hereinafter "Debtors"). At at all times relevant to Debtors' bankruptcy case, Bongards paid a portion of Debtors' annual "net margin" to them in cash and deposited the remainder in Debto......read more.


Summary: 337 B.R. 356 (2006) In re Thelma Fay KURTZAHN, Debtor. [3] Through it, the *359 Debtor seeks "an order continuing the automatic stay in [this] case past the initial thirty (30) day grace period after the filing of the Debtor's petition . . ." FACTS 1. As to the household's entitlements from the Social Security Administration, the amounts received monthly as of the commencement of this case were as follows: Debtor $ 296.00 Vernon Kurtzahn $ 619.46 Granddaughter $ 111.00 ......read more.


Summary: 112 B.R. 304 (1990) In re Harlan R. SPAUDE and Marilyn E. Spaude, Debtors. Harlan R. SPAUDE and Marilyn E. Spaude, Plaintiffs, v. STATE BANK OF GIBBON and the Federal Land Bank of St. Paul, Defendants. In all of them, the Court allowed Chapter 7 debtors to invoke this statute to "strip down" mortgages or liens against exempt property, to the amount of actual value in that property to which those liens had attached as of the date of the debtor's bankruptcy filing. Minn.1990) (Kishel, J.); In re H......read more.


Summary: 214 B.R. 366 (1997) In re EXCHANGE RESOURCES, INC., Debtor. This lease was to expire by its terms on January 30, 1997, though the Debtor had the right to renew it for an additional seven-year term by giving notice to Opus at least 120 days before that date. It did, however, order the Debtor to pay Opus the sum of $2,091.88, as reimbursement of the attorney fees Opus incurred in its effort to enforce the Debtor's duty of timely compliance under 11 U.S.C. § 365(d)(3). Ultimately Opus negotiated a ......read more.


Summary: 149 B.R. 552 (1992) In re Paul C. SUNDE and Susan P. Sunde, Debtors. This adversary proceeding came on before the Court on August 12, 1992, upon the parties' cross-motions for summary judgment. The Debtors filed a voluntary petition under Chapter 7 on March 4, 1992. *554 In August, 1990, Debtor Paul Sunde solicited a loan from the Defendants, intending to infuse the proceeds as capital into his business. He proposed, and both Debtors voluntarily offered, an interest rate of 15 percent on the pro......read more.


Summary: 435 B.R. 613 (2010) In re Ronald JOHN and Mary Ceros Rudnik, Debtors. The debtors' number leaves them with a negative monthly disposable income of ($742.00), while the trustee's numbers results in a disposable income of at least $781.10, using all of the other calculations on the Form B22A prepared by the debtors.