The court dismissed the debtor's case because the amount of noncontingent, liquidated, unsecured debt exceeded the Chapter 13 debt limit in § 109(e). Debtor's assertion of claims against the creditor did not change the liquidated nature of the debt.
An unsecured junior lien on the debtors' residential real estate may be avoided after the debtors complete Chapter 13 plan payments. The case law in the Eighth Circuit, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
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.
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 court denied defendant's motion to dismiss for failure to state a claim and lack of subject matter jurisdiction. The complaint alleged sufficient grounds for relief, and the plaintiffs' claims were not objected to, so the court has jurisdiction.
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.
When the parties divorced, the court ordered the wife to pay $25,000 to the husband to equalize the division of the parties' property. This debt is dischargeable in the wife's Chapter 13 bankruptcy if she successfully completes her plan payments.
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 debtor could not strip off the junior lien on her home because the record indicated there was sufficient equity in the property to secure a portion of that lien. The debtor did not submit any evidence, so the court relied on the bankruptcy schedules.
The court denied confirmation of the debtors' Chapter 12 plan because it was not feasible and it proposed to amortize short-term notes secured by personal property over 25 years. That lengthier term deprived the lender of the benefit of its bargain.
