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 proceeds of an insurance policy covering the debtor’s directors and officers could be used to pay the settlement in a district court lawsuit. The debtor’s interest in the proceeds was subordinate, so the disbursement of the proceeds would not affect the bankruptcy estate.
The findings underlying judgments entered against the debtor by a Florida court awarding damages to the plaintiffs for conversion and civil theft were sufficient to except those debts from discharge under the larceny prong of § 523(a)(4).
The debtor objected to several proofs of claim by the same creditor. The court denied some of the claims because the claimant failed to meet his burden of proof in establishing the validity of the claims. Factual issues existed on the other claims, so they were set for trial.
The super-priority administrative expense claim granted to the IRS in exchange for the debtor’s use of cash collateral in its Chapter 11 case did not survive the case’s conversion to Chapter 7. The IRS’s lien was subordinated by the terms of § 724(b).
The court reduced the fees awarded to counsel for the committee of unsecured creditors in a Chapter 11 case in which a trustee had been appointed. The court found the committee had unnecessarily involved itself in matters better left to the trustee.
The court denied the corporate defendants’ motion to quash and motion for protective order, ruling (1) the out-of-state defendants should be deposed in Nebraska and (2) the topics to be covered in the deposition were relevant for purposes of discovery.
The court granted a protective order for the deposition of an out-of-state defendant in an action to recover an account receivable. The defendant’s counterclaim did not alter the general rule that defendants should be deposed in their home states.
The court liberally construed the Nebraska exemption statutes and found that a debtor may claim a tool of the trade exemption in a vehicle, even if the debtor is unemployed on the petition date, as long as the debtor can show intent to begin working again.
The court denied defendant’s motion to dismiss for failure to state a claim and lack of subject matter jurisdiction. The complaint alleged sufficient grounds for relief, and the plaintiffs’ claims were not objected to, so the court has jurisdiction.