Without allegations of an intentional tort, a willful breach of contract can’t be nondischargeable as a ‘willful and malicious’ injury.
Being registered, plus having directors and an address, on the Isle of Man wasn’t sufficient to show COMI or an ‘establishment’ justifying recognition under chapter 15.
Judge Sarah Hall declined to expand the exception in Reading for post-petition claims to have administrative status.
Surprisingly, no court had previously ruled on whether a golf cart can be exempt.
The debtor’s bad faith chapter 13 filings convinced Judge Hall to allow garnishment of funds held by the trustee after dismissal.
Misconduct in the prior chapter 11 case barred debtors from proceeding as a small business reorganization under subchapter V of chapter 11.
The UCC and Barnhill are in accord when it comes to ownership of funds underlying an unpaid check.
Rule 3001 doesn’t require time records in a mortgage lender’s proof of claim, Judge Loyd says.
Judge Janice Loyd writes a handbook on choice of law and statutes of limitations.
Proving occurrence of rape evidently does not carry a presumption of intent to injure.