The priority of the plaintiff's security interest in proceeds of a settlement against the builder of the debtor's house depends on whether the funds are characterized as damages for personal injury or as damages for reduced value of the real property.
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The debt owed to debtor's former spouse as part of the parties' divorce decree was not a domestic support obligation and didn't need to be treated as such in the debtor's plan. The plan was a good-faith effort by the debtor to satisfy creditors' claims.
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.
Costs incurred by the debtors' landlord in efforts at the appellate level to collect post-petition rent were not recoverable as administrative expenses under § 365(d)(3) because that section applies only until assumption or rejection of a lease.
Joint debtors who co-own a vehicle that they both use to commute to and from work may each claim a tool-of-the-trade exemption in the vehicle under Neb. Rev. Stat. § 25-2556(4), just as they may each claim a wildcard exemption under § 25-1552.
The court imposed sanctions in the form of actual and punitive damages against a creditor and a collection agency that violated the automatic stay by endeavoring to collect a debt from the debtors, even after being advised of the bankruptcy case.
The owner of real property purchased at a county treasurer's tax sale is entitled to an administrative expense claim for post-petition taxes, and the plan should be amended to reflect the statutory interest rate on the tax claim as allowed by § 511(a).
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.
A debtor could not avoid the interest of a purchaser of property at a trust deed sale simply because the trustee's deed had not been recorded as of the petition date. The trustee's acceptance of the buyer's bid terminated debtor's rights to the property.
The sellers of real property paid the property taxes after the debtors defaulted on the purchase. The sellers sought to except those payments from discharge, but § 523(a)(1)(A) was inapplicable because the claimants were not a "governmental unit."