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In re Farthing

Feb
28
2006
Ruling
Court rejected debtors' argument that trustee needed to timely object to the valuation of debtors'residence since Rule 4003(b) only required a timely objection to the exemption in the residence.
Procedural posture

Bankruptcy debtors listed the value of their residence in their schedules and claimed an exemption to the maximum amount allowed under state law, and existing liens and the exemption resulted in no equity in the residence. The debtors objected to the trustee's proposed sale of the residence for substantially more than its listed value.

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opinion summary, case decided on February 28, 2006 , LexisNexis #0406-140
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Lorenz v. American Educ. ServicesPennsylvania Higher Educ. Assistance Agency (In re Lorenz)

Feb
01
2006
Ruling
Judgment discharging student loan debt based on undue hardship was reversed because the debtor had not demonstrated a financial inability to repay when considering the income of the debtor's household, which included the debtor's domestic partner.
Procedural posture

Appellee bankruptcy debtor brought an adversary proceeding against appellant creditor seeking a determination that the debtor's student loan debt to the creditor was dischargeable based on undue hardship under 11 U.S.C. § 523(a)(8). The creditor appealed the Bankruptcy Court for the District of Massachusetts's judgment, which discharged the debt.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on February 01, 2006 , LexisNexis #0206-075
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Movitz v. Fiesta Invs. LLC (In re Ehmann)

Jan
25
2006
Ruling
Bankruptcy court vacated its order and granted the trustee's motion to approve a settlement that mandated the court vacate its order but only after the court balanced the equities.
Procedural posture

Shortly after issuance of the court's opinion and order, the parties conditionally agreed to a settlement of the instant adversary proceeding. Under the settlement, defendant would pay to the trustee $85,000. The condition of the settlement, however, was the court's withdrawal of its opinion. Both parties moved for approval of the compromise and settlement pursuant to Fed. R. Bankr. P. 9019, for the court's withdrawal of its opinion.

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opinion summary, case decided on January 25, 2006 , LexisNexis #0206-050
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