On a creditor’s motion to alter or amend an order avoiding judicial liens against the debtor’s house, the bankruptcy court clarified: “The order avoiding [the creditor’s] lien went only as far as the debtor represented in his schedules and requested in his motion. [The creditor's] lien was avoided on the debtor's 50% interest in the property. No finding regarding the other 50% interest was made or intended.

The debtor’s family limited partnership filed an adversary proceeding seeking to except from discharge a $2.865 million judgment it obtained against the debtor. The partners include the debtor, two of his sisters, and a brother-in-law. In response, the debtor filed a counterclaim and third-party complaint regarding his late mother’s trust, alleging causes of action for breach of fiduciary duty, tortious interference with a business expectancy, and conspiracy.

The bankruptcy court avoided a judgment creditor’s lien that impaired the debtor’s homestead exemption. The creditor focused on two main arguments: (1) that the debtor had abandoned the home when he moved out after a marital separation, and (2) that even though the debtor moved back in after his wife and children moved out, he could not reestablish it as his homestead because he did not reside there with his family at that time.

The bankruptcy court granted the bank’s motion for attorney fees, provided for in the loan documents, under §506(b).

The bankruptcy court enjoined a deed of trust sale that was based on a pre-petition default under loan documents that were restructured by the terms of the debtor’s confirmed Chapter 11 plan.

After a trial, the bankruptcy court dismissed the debtor’s Chapter 13 case, finding that the debtor does not have “sufficiently stable and regular” income with which to make plan payments. The debtor’s monthly income is negative, and his largest monthly expense is his alimony and child support obligations. He is unable to fund his plan without financial contributions from his family, but there was no evidence that these gratuitous payments are stable or regular, as required by the Bankruptcy Code.

The bankruptcy court granted the U.S. Trustee’s motion to appoint a Chapter 11 trustee for cause in this case. The court gave preclusive effect to a pre-petition state district court order finding the debtor had repeatedly breached fiduciary duties owed to his partners in a family trust.

The bankruptcy court approved a settlement between the debtors and their lender to resolve the lender’s objection to the debtors’ Chapter 12 plan. It also settles the lender’s motion for relief from stay in which it seeks to recover and foreclose its liens against collateral still owned by the debtors. Under the settlement, the parties stipulated the total amount owed to the bank, which includes unpaid principal, accrued interest, and attorneys’ fees and costs.

The debtor in this case formerly owned an assisted living facility in Missouri. The State closed the facility due to structural issues, and the building sustained damage on a number of occasions while vacant. The debtor subsequently was authorized by the bankruptcy court to sell the property. The building’s insurer filed this adversary proceeding seeking to interplead the amount of the insurance proceeds for the initial damage claim.

The court granted judgment on the pleadings in the debtor’s favor in this adversary proceeding by the debtor’s former wife seeking to except a property settlement debt from discharge under 11 U.S.C. §§ 523(a)(4) and (15).