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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The court denied the defendant's motion to dismiss the adversary. By failing to timely object, defendant waived his arguments regarding the validity of the extension of the avoidance action statute of limitations granted to the bankruptcy trustee.
The court denied the defendant's motion to dismiss the adversary. By failing to timely object, defendant waived his arguments regarding the validity of the extension of the avoidance action statute of limitations granted to the bankruptcy trustee.
A trial was needed on the trustee's motion for turnover of cash confiscated by police. The funds were subsequently lost or misplaced, so there was a question under Eighth Circuit law whether the police could turn over property they no longer possessed.
An unsecured judgment 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.
Factual issues precluded summary judgment on the lender's non-dischargeability complaint asserting that the debtor intentionally provided false financial statements in order to obtain a loan. The debtor's alleged intent to deceive was at issue.
The court approved a settlement between the debtors and the trustee of a motion to convert and a motion to use post-petition earnings, because the agreement was in the creditors' interest & was better for the estate than protracted complex litigation.
The debtor's motion to avoid a lien on her residence as impairing her homestead exemption was denied. She did not assert her eligibility for the exemption in Neb. Rev. Stat. § 40-101, and may have confused it with the property tax homestead exemption.
The debtor may reopen her bankruptcy case to add an unlisted and unscheduled creditor. Because this was a no-asset Chapter 7, § 523(a)(3) does not preclude a discharge of unlisted, unscheduled debts that don't fall within § 523(a)(2), (4), or (6).
The court denied relief from the stay under § 362(d)(2) because there was no evidence of bad faith in the debtor's second bankruptcy filing. The ability to propose a confirmable Chapter 13 plan was questionable, but the debtor would be allowed to try.