The court deferred ruling on the final fee application of counsel for the debtor, and objection by the personal injury creditors, pending the submission of additional information to reconcile and clarify some of the charges on the billing statements.
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Opinions
United States Courts Opinions (USCOURTS) collection is a collaborative effort between the U.S. Government Publishing Office (GPO) and the Administrative Office of the United States Courts (AOUSC) to provide public access to opinions from selected United States appellate, district, and bankruptcy courts.
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An unsecured junior lien on the debtor's residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The case law in the Eighth Circuit, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
An unsecured junior lien on the debtor's residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The case law in the Eighth Circuit, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
The court denied debtors' motion for contempt against their mortgage lender after finding that the debtors had reaffirmed the debt, so the lender's post-discharge communications and requests for payment did not violate the discharge injunction.
The court denied a creditor's late-filed motion for extension of time to file a dischargeability complaint, ruling that strict compliance with the deadline was necessary and the creditor had not shown that the deadline should be equitably tolled.
After trial on the bank's § 523(a)(2)(B) complaint, the court entered a money judgment in the bank's favor for the deficiency balance due after the sale of collateral. The court found that the debtor had significantly overstated the collateral's value.
An unsecured junior lien on the debtor's residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The case law in the Eighth Circuit, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
The court denied the defendant's motion for summary judgment in a dispute over the amount owed to the debtor for goods sold on account. Material questions of fact exist as to how the balance due should be calculated and whether credits should be granted.
The court denied the debtors' motion to strip off a junior lien on their residential real property because there was no evidence in the record that the lien was wholly unsecured.
After a trial, the court overruled an objection to one claim and sustained objections to two others, disallowing them. The claims were not entitled to a presumption of validity, and the alleged creditors were unable to carry the burden of persuasion.