The Rooker-Feldman doctrine precludes the debtors' attempt to have the bankruptcy court set aside a state court decision upholding the validity of the trustee's sale of debtors' home. The buyer is entitled to relief from the stay to evict the debtors.
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A deed of trust executed by two unmarried owners in joint tenancy was valid, by its terms, to encumber the interests of both owners even though the document identified only one owner as the "borrower" because the promissory note was in his name only.
Dismissal of this Chapter 11 case, rather than conversion, was in the best interest of creditors. Rehabilitation was not reasonably likely, given the debtors' continued delays in providing financial data to creditors and formulating a plan.
Exempt funds may constitute disposable income to be used to pay unsecured creditors under a Chapter 13 plan if the funds are not necessary for the debtor's support. Here, the exempted personal injury settlement proceeds were not needed for support.
The court denied summary judgment because fact questions existed as to whether the debtors transferred or concealed property, failed to explain a loss of assets, or made false representations when they withdrew money on a home equity line of credit.
Although the defendant in this action to recover alleged preferential & fraudulent transfers demanded a jury trial, he also filed a proof of claim in the bankruptcy case, which subjected him to the bankruptcy court's equitable power and waived a jury.
The deed of trust holder's motion for relief from stay was denied without prejudice to permit the debtor to resume making monthly payments and cure payments. If debtor becomes delinquent again, the creditor is entitled to relief without a hearing.
The court denied plaintiff's motion for sanctions for certain discovery disputes. Neither side had completely abided by discovery rules. The problems were solvable, so the parties were directed to try again to comply with the discovery requests.
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.