In a fee discussion with the attorney who represented her pre-petition, the debtor did not make a false representation as to her ability to pay or the source of funds for the retainer, so the debt was not excepted from discharge under § 523(a)(2)(A).
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An unsecured junior lien on the debtors' 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.
The debtor holds a professional liability policy which also covers non-debtor parties. The court granted stay relief to the insurer to permit it to pay defense costs for the non-debtors out of proceeds that are not property of the bankruptcy estate.
An unsecured junior lien on the debtors' residential real estate may be avoided after the debtors complete Chapter 13 plan payments. The case law in the Eighth Circuit, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
The court did not allow the debtors to claim an exemption in an earned income tax credit that was recovered by the Chapter 7 trustee after they used it to pay down a debt. Such property is potentially exempt unless it has been voluntarily transferred.
The court sustained an objection to a Chapter 11 plan as to the appropriate valuation and treatment of stock purchased by debtor as part of a distribution agreement to sell the creditor's products. The set-off of promotional allowances was permitted.
A personal-injury claimant who had contacted the debtor's counsel about her claim both pre-petition and post-petition, and who was listed on the creditor matrix although she had not filed a proof of claim, was deemed to have made an informal claim.
The bankruptcy court ruled that it lacked subject-matter jurisdiction over a lawsuit between non-debtor parties concerning the defendants' guarantees of certain debt incurred by the debtor, so the case was sent to the federal district court.
At trial, the court found the testimony of the creditor's appraiser to be more reliable and adopted that figure as the value of the real property securing the creditor's claim. The debtors were directed to amend their plan to account for that finding.
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.