Trial evidence established that a scheduled debt was an account receivable due from a related entity. The non-debtor joint seller of real estate was not sanctioned because the seller did attempt to execute the sale documents by the court's deadline.
The debtors may avoid a non-possessory, non-purchase money security interest in their vehicle to the extent it impairs the tool of the trade exemption. However, the lien may not be avoided to protect any portion of their personal property exemption.
The debtor was not entitled to have his tax refund, which had been intercepted by the state post-petition to pay a delinquent child support obligation, returned to him. The interception of a tax refund is specifically excluded from the automatic stay.
The bank exercised its deed of trust powers and sold real property owned by the debtors after the bankruptcy case had been dismissed and before it was reinstated. There was no evidence of an improper sale, so the buyers were entitled to summary judgment.
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.
The automatic stay does not apply to the perfection of a security interest within 20 days after purchase, so an intervening bankruptcy filing did not cut off the lienholder's right to assert the "enabling loan" exception to a preferential transfer.
The court denied the trustee's effort to set aside an allegedly preferential transfer because the property transferred belonged to an LLC, not to debtor. It was not property of the bankruptcy estate and the transfer was not attributable to the debtor.
Debtor's bankruptcy estate is contractually and equitably entitled to the cash value of the life insurance on the defendant to reimburse debtor for the policy premiums it paid. Any excess cash value should be go to the defendant's bankruptcy estate.
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.
Motion to amend claim denied. If creditor has tax sale certificate or taxes not addressed or paid through the plan, it is a secured claim paid outside of plan. Lien for tax claim survives, and if not paid, creditor can seek relief from stay to foreclose.
