The court authorized the deed of trust creditor to amend its timely filed proof of claim to add amounts for the costs and expenses of exercising its power of sale, interest on its claim, and real estate tax payments that it advanced on debtors' behalf.
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The first lienholder on debtors' residence, holding an unimpaired claim, was allowed to file an amended proof of claim late because the plan provided for unimpaired claims to be paid in full, so the creditor may add fees, advances, etc., if supported.
The court granted a motion to reconsider an order of contempt for failure to turn over property of the estate, finding that the movant had complied with the order and purged the contempt. The court also vacated the potential for monetary sanctions.
A creditor with a U.C.C./§ 546(c) reclamation claim for goods sold to the debtor may pursue that claim even though the debtor's inventory has been sold, because court orders preserved the creditor's potential interest in the inventory's proceeds.
A provision in the parties' divorce decree ordering the debtor to pay certain marital debts owed to third parties and to hold her former spouse harmless thereon constitutes a non-dischargeable obligation under post-BAPCPA 11 U.S.C. § 523(a)(15).
Chapter 13 debtor's post-petition, pre-conversion employment termination grievance & back pay award don't become property of the Chapter 7 bankruptcy estate unless the case was converted in bad faith. Financial hardship alone isn't bad faith.
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.
Confirmation of the debtor's Chapter 12 plan was denied because issues of feasibility and management existed. Some of the livestock had disappeared or was unaccounted for, bills were not being paid in the ordinary course, and insurance had lapsed.
The lessee of personal property owned by debtor was found to be in contempt for refusing to turn the property over to the debtor in possession and the secured creditors, & was subject to monetary sanctions if the property was not immediately returned.
The lessee of personal property owned by debtor was found to be in contempt for refusing to turn the property over to the debtor in possession and the secured creditors, & was subject to monetary sanctions if the property was not immediately returned.