The court overruled debtor's objection to a proposed settlement between the trustee and a creditor after considering the probability of success, the difficulties of collection, the complexity of litigation, and the interests of creditors.
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Prior to discharge, the Chapter 7 debtor did not move to avoid a judgment lien attached to her real estate. When the creditor then attempted to levy on the property, the court allowed the debtor to reopen the case in order to file a lien avoidance motion.
On reconsideration, the court held that the Chapter 13 debtors lacked standing to attempt to avoid as a preference a consensual purchase-money lien on their vehicle, in which they did not claim an exemption, under the provisions of § 522(h) and (g)(1).
A creditor holds a constructive trust on funds in debtor's account that are traceable to converted checks, so the trustee cannot compel turnover. The bank holding the funds has no subrogation right to them because the bank was liable for conversion.
The court ruled that if a motor vehicle was acquired for mixed personal and business use, then § 1325(a)(9) does not apply and the general statutory authorization for bifurcation of a claim into secured and unsecured portions under § 506 does apply.
The movants held a land contract with the debtor and an order of possession from the state court. That order was final and the movants were entitled to possession. However, the land contract was property of the estate and subject to possible avoidance.
Debtor's conduct in missing filing deadlines and a court appearance for his client may be negligent, but does not rise to the type of non-dischargeable injurious behavior contemplated by the "willful and malicious injury" language of § 523(a)(6).
Under Nebraska law, a lender's lien was not extinguished when its deed of trust was inadvertently released during refinancing, because the bank did not intend to leave itself unsecured and because the trustee was not injured by the mistake.
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.
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.