Judge Perkins' Opinions


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Case No.NameDescriptionCode
11-82075MartinAbove-median debtor required to propose 5-year plan despite having negative monthly disposable income on line 59 of Form 22C. §1325(b)(1)(B)
10-8011Barber v. GrubeIssue of fact as to debtor's intent when transferring assets to wife precluded summary judgment§ 544(b)(1)
10-8138Halliburton v. McVayArbitration award did not collaterally estop debtor from defending 523(a)(4) and (a)(6) claims§§ 523(a)(4) & (a)(6)
10-8118Armstrong v. U.S. Department of Education Educational PLUS loans not dischargeable as undue hardship. 
11-82359ScharpNon-debtor tenant's right to retain possession of commercial real estate following landlord's Chapter 7 case would be decided by state court.§ 365(h)(1)
10-81401Ferguson Doctrine of Marshaling not applicable where senior creditor would be left with secured claim payable through Ch. 12 plan