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).
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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."
Debtors' landlord did not have a perfected security interest in crops because his financing statement did not sufficiently describe the collateral. His amendment to the U.C.C. financing statement may be a preference if insolvency can be shown.
The $50 late charge for each day debtors' rent was past due should not have been cumulative; rather, it should have simply been charged per day for each day that any rent remained unpaid between the date of abandonment and the date of bankruptcy filing.
A vendor of the debtor's products violated an injunction against litigation by pursuing an action against the debtor's insurer in a personal injury case and was held in contempt, with appropriate sanctions to be imposed after an evidentiary hearing.
A lender's lien was avoided as a preference. The defense of a substantially contemporaneous exchange for new value was inapplicable because the delay in perfecting the lien appeared to be caused by the lender. Subrogation & earmarking did not apply.
After the debtors experienced a second round of their mortgage servicer's imposition of post-discharge fees and costs, the court imposed a monetary sanction of the actual expenses incurred by the debtors for the violation of the discharge order.
The debtors did not assume a lease of cows, so the lessor was entitled to turnover of the cattle and to an administrative claim for the amount due under the lease for the calf crop. She also obtained relief from the stay to obtain possession of her proper