An unsecured junior lien on debtor's residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The bankruptcy court's Sanders decision, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
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This is essentially a collection action by the bankruptcy trustee. It is not a core proceeding, and under Stern v. Marshall, the bankruptcy court lacks constitutional authority to enter judgment on it, so it should be referred to the district court.
This adversary proceeding to identify and require turnover of certain property alleged to be property of the estate is a core proceeding created by Title 11. It should not be dismissed for lack of subject-matter jurisdiction under Stern v. Marshall.
This adversary proceeding to identify and require turnover of certain property alleged to be property of the estate is a core proceeding created by Title 11. It should not be dismissed for lack of subject-matter jurisdiction under Stern v. Marshall.
Debtor's fifth Chapter 12 plan lacked feasibility and was denied confirmation. Projected farm income exceeded actual historical figures, and debtor completely excluded one debt from the plan. The plan also did not comply with Local Rule 3015-1A.
Debtor's Chapter 11 plan was denied confirmation for lack of feasibility, and the case was dismissed. Debtor's motion to convert to Chapter 7 was denied because conversion would not be in the best interest of the secured creditor with a priority claim.
Debtor's administrative expense application for post-petition rent owed to its landlord was denied because the motion should have been filed by the landlord, and because there was no evidence of the "actual necessary cost of preserving the estate."
An unsecured junior lien on debtor's residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The bankruptcy court's Sanders decision, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
The creditor's lien on the debtors' real property attached to the proceeds upon the sale of the property. The creditor's amended claim was disallowed to the extent it included an amount for real estate taxes disbursed after the property had been sold.
The debtor's separate non-marital obligation as determined in the parties' divorce decree is non-dischargeable under § 523(a)(15) because the relevant obligation isn't the actual debt but the spousal indemnification provided for in the decree.