Debtor's removal of certain appliances, cabinets, carpet, ceiling fans, etc., from her house prior to foreclosure did not constitute a willful & malicious injury to the lienholder under § 523(a)(6) because the debtor had no intent to harm the lender.
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Abstention was appropriate because this case involved litigation between non-debtor parties and required the application of state law regarding liens to evaluate each party's claim and determine their respective rights to available proceeds.
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.
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.