The debtor's latest in a series of bankruptcy cases did not have the protection of the automatic stay. The court found that the debtor used the system to hinder and delay the mortgage lender's efforts to collect, and the case was not filed in good faith.

Reported at 369 B.R. 477. The BAPCPA amendments to section 1115 and section 1129 have waived the absolute priority rule as to individual Chapter 11 debtors, who now may cram down confirmation of a plan while retaining property, as long as the plan is oth

The debtor was entitled to summary judgment regarding a $17,000 construction lien against its property. The defendant did not provide evidence of its lien, which was an unsecured claim because the senior lien exceeded the value of the property.

Summary judgment was denied on a § 523(a)(2)(A) claim based on a state court default judgment because a factual issue existed as to the debtor's intent to deceive. The plaintiff also needed to pierce the corporate veil to reach the individual debtor.

The bank's lien couldn't be avoided because its continued possession of the security documents with the vehicle's certificate of origin – necessary to obtain a certificate of title – perfected its lien from and after the date of the vehicle purchase.

The debtors incurred post-petition capital gains taxes when they sold livestock and equipment used in their farming operation. The court, relying on the precedent of Schilke and Knudsen, ruled they were unsecured claims not entitled to priority.

The court denied the trustee's motion to sell a vehicle co-owned by debtor and a non-debtor party because the detriment to the co-owner – loss of the vehicle plus liability for the debt after debtor's discharge – outweighed the benefit to the estate.

Because the debtor had a previous case pending but dismissed in the year prior to filing this case, the automatic stay expired 30 days after the petition date. The debtor was unable to establish a change in circumstances to warrant extending the stay.

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.

Factual issues precluded summary judgment on the lender's non-dischargeability complaint asserting that the debtor intentionally provided false financial statements in order to obtain a loan. The debtor's alleged intent to deceive was at issue.