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After a state court entered an $800,000 judgment against him for conversion, Delannoy filed a Chapter 7 petition.  The trustee in the bankruptcy case sold Delannoy's state court appeal rights to the state court plaintiff which then dismissed the appeal and asserted the state court judgment as issue preclusive in connection with its objection to discharge in the bankruptcy court. … Read More

If no objection is raised by the US Trustee or any creditor, it is permissible for a debtor to propose and obtain confirmation of a Chapter 13 plan with an estimated duration rather than a fixed term, so long as the plan duration does not exceed the statutory maximum of three or five years. Read More

Husband's debt owed to a family partnership of which wife is a limited partner was non-dischargeable in husband's Chapter 11 bankruptcy, even though the debt was owed to the partnership, not wife directly. Read More

Statutory one-year lien on a judgment debtor’s personal property is tolled by 11 U.S.C. 108(c), which extends the time for commencing or continuing a civil action on a pre-petition claim against the debtor during the automatic bankruptcy stay. Read More

For purposes of 11 USC 1141(d)(3), a bankrupt debt does not "engage in business" after plan confirmation merely by acting as an employee of a business owned and operated by a third person. Read More

A creditor may buy other creditors' claims in order to vote against a Chapter 11 plan, thereby defeating confirmation, unless the debtor is able to show that the creditor is thereby seeking to secure some untoward advantage over other creditors for some ulterior motive. Read More

Creditors of a bankrupt debtor could not be held in contempt of the discharge injunction and sanctioned for filing post-petition motions in a state court action for an award of attorney fees against the debtor, since they had a good faith (albeit incorrect and unreasonable) belief that the injunction did not apply. Read More

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