The debtor co-signed a loan post-discharge to refinance some pre-petition debt. The lender's efforts to collect from the debtor were not barred by the discharge injunction because this was new debt taken on by the debtor after completing bankruptcy.
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The debtor's motion for summary judgment to discharge her student loans was denied because factual questions existed on the undue hardship analysis. In particular, current financial data and evidence of a Ford Program repayment plan were needed.
To establish the elements of a fraudulent transfer, the creditor must prove either the lack of a reasonably equivalent value, or intent to hinder, delay, or defraud, in addition to the insolvency demonstrated by the debtors' bankruptcy schedules.
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.
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.
Under Iowa law, regular periodic charges related to the value of leased real property, such as taxes, maintenance, and insurance, may be included as part of the rent when determining the amount of a lessor's secured claim pursuant to § 502(b)(6).
A deed of trust recorded against the wrong lot would be void as to a subsequent purchaser of that lot without notice. Pursuant to § 544(a)(3), the bankruptcy trustee, as a BFP, may avoid the deed of trust because it failed to describe debtors' property.
The bank's contractual rights to the flow of payments received by the debtor under a purchase agreement may have priority over certain set-off rights claimed by the buyer. The court granted relief to the bank to obtain a determination of those rights.
The issue of whether a business premises lease had been breached required additional evidence on whether the lessor's conduct constituted a material breach of the restrictive-use clause and whether the lessee consented to the lessor's conduct.
The court dismissed the bankruptcy case as an abuse because the debtor tried to take advantage of a perceived § 707 loophole in arguing that the mortgage debt on his home was not consumer debt simply because he was not an obligor on the underlying notes.