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In re Myers

Aug
24
2006
Ruling
Competency was not necessary to qualify as debtor and court could appoint next friend in order to aid in administration of case pursuant to equitable powers.
Procedural posture

Chapter 13 debtor wife filed a motion to become the next friend of debtor husband pursuant to Fed. R. Bankr. P. 1004.1.

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opinion summary, case decided on August 24, 2006 , LexisNexis #1006-071
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Barrett v. Sallie Mae Servicing (In re Barrett)

Mar
02
2006
Ruling
Student loan debt was deemed dischargeable due to undue hardship related to the debtor's medical problems.
Procedural posture

Plaintiff debtor brought an adversary proceeding against defendant creditor, alleging that his medical problems prevented his repayment of student loans and seeking to discharge the loans based on undue hardship under 11 U.S.C. § 523(a)(8). The bankruptcy court conducted a trial.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on March 02, 2006 , LexisNexis #0306-129
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In re Phar-Mor Inc.

Jan
05
2006
Ruling
Lessors were entitled to administrative rent claims for postpetition rent from the petition date to the contract rejection date.
Procedural posture

The cause was before the court on the parties'cross motions for summary judgment on the amount, if any, lessors should be allowed as (i) administrative expenses on lessors'Amended Applications and Requests for Administrative Expenses (Claim Nos. -26 and -09), and (ii) Lessors'proofs of claims, as amended (Claim Nos. 1922 and 1924) for damages arising from the rejection of lessors'equipment leases. Debtor objected to the lessors'four claims.

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opinion summary, case decided on January 05, 2006 , LexisNexis #0206-105
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