An unsecured junior lien on debtor's residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The bankruptcy court's Sanders decision, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
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The creditor's lien on the debtors' real property attached to the proceeds upon the sale of the property. The creditor's amended claim was disallowed to the extent it included an amount for real estate taxes disbursed after the property had been sold.
The debtor's separate non-marital obligation as determined in the parties' divorce decree is non-dischargeable under § 523(a)(15) because the relevant obligation isn't the actual debt but the spousal indemnification provided for in the decree.
The court denied debtor's motion to enjoin a creditor from exercising its remedies, and dismissed the case. Debtor was unable to prove the likelihood of success on the merits. The public interest factor and balance of harm factor favored the creditor.
The refinancing lender's security interest was unperfected because it was not noted on the vehicle's certificate of title until more than 30 days after transfer. Neither earmarking nor contemporaneous exchange for new value were viable defenses.
The court granted a motion to compel discovery of privileged documents because the Chapter 7 debtor waived the privileges via disclosure, the disclosure was not inadvertent, and documents concerning the same subject matter were already disclosed.
The reference of an adversary proceeding involving alleged breaches of contract and breaches of fiduciary duty should be withdrawn and the case returned to district court, as its resolution will involve non-debtor parties and non-bankruptcy law.
The debtors' income tax refunds, including child tax credits and earned income credits, were property of the bankruptcy estate under § 541 and should have been turned over to the trustee for administration and distribution of the non-exempt portion.
The bankruptcy court lacks subject matter jurisdiction over an interpleader complaint to reform a deed, ascertain the validity of a trust deed sale of the property of Chapter 7 debtors, and determine the rights of various creditors to the proceeds.
A judgment was non-dischargeable under § 523(a)(3) because the debtor failed to give proper notice of the bankruptcy to the judgment creditor. Even if the notice had been proper, the debt was excepted from discharge as a defalcation by a fiduciary.