After a trial, the court determined the amounts the debtors were owed for pasture rent, feed, and trucking in caring for another's cattle, how much the bill should be reduced for excessive death losses, and the applicable pre-judgment interest rate.
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A pre-petition judgment that did not attach to any property did not become a lien. It was an unsecured claim as of the Chapter 7 petition date and was discharged and rendered void. It could not thereafter attach to property acquired post-discharge.
Reported at 337 B.R. 684. Overruled by Winters, BK09-43374-TJM (Mar. 17, 2010). The language of §§ 522(g)(2) & 522(f)(1)(B) let debtor avoid an unperfected non-purchase-money lien on her car while preserving a tool-of-the-trade exemption in it.
A personal guarantee signed either by debtor or with his authorization support a finding of non-dischargeability under § 523(a)(2)(A). Debtor's statements that he doesn't know who signed it do not amount to a false oath or account under § 727(a)(4).
Affirmed in part at 496 F.3d 892 (8th Cir. 2007). Two partners in the debtor breached their fiduciary duties to the debtor's estate by purchasing some of its property at a foreclosure sale. The court imposed a constructive trust on the net proceeds.
Affirmed in part at 496 F.3d 892 (8th Cir. 2007). Two partners in the debtor breached their fiduciary duties to the debtor's estate by purchasing some of its property at a foreclosure sale. The court imposed a constructive trust on the net proceeds.
Homestead exemption allowed for debtor who moved into his parents' home to care for his father; and who inherited house after his father passed away. The debtor became head of household when he took over primary responsibility for his father's care.
After the creditor's deed of trust lien was avoided, the debtor attempted to claim a homestead exemption in the value. It was denied because the avoided lien inured to the benefit of the estate, not the debtor. She could claim the exemption in her equity.
The debtor treated the parties' escrowed funds as its own, using them as general operating assets. When the funds were paid to the claimant two days before the petition date, the funds had lost their escrow identity, so the transfer was preferential.
The court declined to extend the homestead exemption to a pick-up truck and fifth-wheel trailer. While a trailer home may qualify, it must be permanently affixed to real estate. The pick-up truck would not qualify under the homestead statute.