The court denied the plaintiff's motion for default judgment, ruling that, particularly where both parties are unrepresented by counsel, fundamental fairness requires the matter to be set for trial so the court can ascertain whether the elements of the cause of action have been sufficiently established.

The court found that the debtors intentionally excluded significant debts from their loan application to mislead the lender and induce it to approve the loan. The debt remaining after the sale of the collateral was non-dischargeable under § 523(a)(2)(B).

An unsecured junior lien on the debtors' residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The case law in the Eighth Circuit, interpreting Nobelman, permits wholly unsecured liens to be stripped off.

The Rooker-Feldman doctrine precludes the debtors' attempt to have the bankruptcy court set aside a state court decision upholding the validity of the trustee's sale of debtors' home. The buyer is entitled to relief from the stay to evict the debtors.

An unsecured junior lien on the debtor's residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The case law in the Eighth Circuit, interpreting Nobelman, permits wholly unsecured liens to be stripped off.

The proceeds of an insurance policy covering the debtor's directors and officers could be used to pay the settlement in a district court lawsuit. The debtor's interest in the proceeds was subordinate, so the disbursement of the proceeds would not affect the bankruptcy estate.

The court overruled a creditor's objections to confirmation, ruling (1) the debtor's gross monthly income was not understated, and even if it was, it still was less than she proposed to pay to unsecured creditors; (2) the debtor's 20-year-old full-time out-of-state college student daughter was part of the household economic unit and should be included in household size when calculating expenses on the means test; (3) the debtor's disposable income was properly calculated by using the standard expenses on the means test, so reference to her Schedule J expenses was unneces

The court dismissed debtor's claims under the state Wage Payment & Collection Act for lack of subject matter jurisdiction. Debtor could go forward on the remaining claim of violation of the discharge injunction because recoupment is a factual issue.

A mortgage holder's notice to a Chapter 13 debtor of post-petition mortgage fees, expenses, and charges, filed pursuant to Bankruptcy Rule 3002.1, is not an amendment to the creditor's proof of claim and will not be paid under the plan. Rather, it is a notice that the creditor will be seeking repayment of those expenses pursuant to the terms of the loan after the bankruptcy case is over. The debtor may file a motion to determine whether payment of the claimed expenses is required by the loan documents and applicable non-bankruptcy law.

After a trial, the court overruled an objection to one claim and sustained objections to two others, disallowing them. The claims were not entitled to a presumption of validity, and the alleged creditors were unable to carry the burden of persuasion.