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.
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Under Supreme Court authority and § 1325(a)(5)(B), a plan should provide for the payment of interest to a lender on pre-petition arrearages in order to give the lender the present value of its claim, regardless of whether the loan documents so provide.
In exempting tools, the court said, "There is no statutory requirement of a continuous stream of income from the use of the tools for a claim of exemption to be allowed. There is a business, there is some advertising, and there is some hope [by debtor]."
The debtor's challenge to a pre-petition non-judicial foreclosure is not a core proceeding. It is a related-to matter, which the bankruptcy court may hear but may not determine. The court recommends that the district court dismiss the complaint.
Debtor's personal guarantee of a lease did not apply to obligations under a later lease extension agreement. The landlord was not prejudiced by lack of bankruptcy notice. Any obligations (contingent or otherwise) to the landlord were discharged.
The court denied summary judgment on a fraudulent transfer complaint about the debtor’s transfer of his interest in the marital home to his estranged wife. Issues of fact existed as to whether reasonably equivalent value was given for the transfer.
The court denied the debtor's motion to extend the automatic stay to a non-debtor because the debtor was not taking into consideration the rights of the non-debtor's creditors. The collection action against the non-debtor was not a core proceeding.
In the parties' divorce decree, the debtor was ordered to pay the second mortgage on the home awarded to his former wife. The parties intended the debt to be in the nature of support and it therefore is a non-dischargeable domestic support obligation.
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 recommended the district court deny the defendant's motion to withdraw the reference because the plaintiff's causes of action were either core proceedings or related-to matters which the bankruptcy court had jurisdiction to hear.