The bankruptcy court deferred a motion to assume a lease with purchase option and motion to sell free and clear of liens, finding that permissive abstention was appropriate because the validity of the purported pre-petition termination of the agreement was the subject of pending state-court litigation. The state court could determine whether the agreement was properly terminated and the amount of damages, if any, owed to either party.

The court entered summary judgment for the bankruptcy trustee, finding pre-petition payments made to the creditor to be preferential transfers. The creditor placed cattle at the debtor's feedlot to be fed out, and was to be paid after the cattle were sold and an amount deducted by the debtor for feed costs. The sale proceeds were deposited into the debtor's general operating account, and the debtor made payments to the creditor and others out of that account.

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 permits wholly unsecured liens to be stripped off.

This lawsuit originated in state court nearly 15 years ago and had been tried, appealed, and set for retrial there. The same matters were also raised in probate court in a claim against a deceased defendant's estate. When the current defendant filed bankruptcy, the case was removed to bankruptcy court as an adversary proceeding.

The court entered summary judgment for the plaintiff on a § 523(a)(2)(A) cause of action because the plaintiff established a prima facie case in its motion and supporting materials. The debtor's response did not comply with the local procedural rule for opposing a motion for summary judgment, so the record did not demonstrate a genuine issue of material fact for trial.

The debtor is the beneficiary of a living trust. The Chapter 7 trustee claimed the debtor's interest in the trust as an asset of the bankruptcy estate. Construing the trust agreement in its entirety, the court overruled the trustee's motion, finding that the trust is subject to an enforceable spendthrift provision and is excluded from property of the bankruptcy estate pursuant to § 541(c)(2).

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 confirmation of the debtor's Chapter 11 plan of reorganization, addressing a creditor's objection on three grounds. First, the court ruled that the plan had been accepted by the holder of an impaired allowed post-petition claim. Second, the court declined to reverse its position that the absolute priority rule does not apply to individual Chapter 11 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 permits wholly unsecured liens to be stripped off.