Under § 707(b)(2)(D)(ii), as long as the 540-day exclusion from means testing for veterans has not expired when the petition is filed, the exclusion applies, and the debtor is exempt from the means test.
Trustee could not avoid recorded mortgage on Debtors' real property where Debtors had sold property on unrecorded land contract.
Creditor with disallowed claim required to refund all mortgage payments made on claim; debtors' requests for attorneys' fees and return of mortgage note denied.
In fee allowance dispute, Chapter 13 debtor's attorney bears burden of proving benefit of services to debtor, and in case that does not reach confirmation, the burden may be difficult to meet. Also, the disclosure requirements of § 329 and Rule 2016(b) are mandatory and strictly enforced.
Creditors' complaints for discharge and dischargeability denied because creditors did not carry their burden of proving that debtor acted with requisite fraudulent intent.
Debtor not permitted to amend confirmed plan to reduce value of property and thereby reduce amount of secured creditor's claim.
Applying the balancing test in In re Fernstrom Storage & Van Co., 938 F.2d 731 (7th Cir. 1991), the Court denied a motion for relief from stay filed late in Chapter 11 case, when confirmation of plan would terminate stay and allow the litigation to continue.
Attorneys' fees and punitive damages for stay violation denied when towing company held valid statutory lien on debtor's truck.
Debtor's attorney forced to refund entire fee when she gave inappropriate advice to file bankruptcy when a state court action was warranted, filed inaccurate schedules and fee disclosure and failed to appear at a hearing on enforcement of the stay taking the position that her fee did not cover that hearing.
The Debtor was not personally liable under Wis. Stat. § 108.22(9) for a defunct corporation's liability for unpaid unemployment contributions.