After a trial on a creditor's motion to appoint a Chapter 11 trustee, with a joinder by the U.S. Trustee, the court granted the motion, finding clear and convincing evidence that such an appointment is warranted under subsections (1) and (2) of 11 U.S.C. § 1104(a). The court identified the debtor's "vendetta" against family members who were more interested in protecting their own financial interests than in helping him reorganize as an obstacle to the debtor in possession's ability to exercise his fiduciary duties and to act in the estate's best interests.

On a motion by non-debtor defendants to withdraw the reference of this adversary proceeding, the bankruptcy court recommended to the district court that the motion be denied. The trustee alleges in this lawsuit that the debtor fraudulently transferred property of the estate to entities ostensibly owned by his relatives.

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 permits wholly unsecured liens to be stripped off.

The court is unable to determine whether or not the defendant in a § 523(a)(2)(B) dischargeability proceeding is entitled to summary judgment because the movant failed to submit any evidence in support of the motion.

The court granted summary judgment to the debtor, ordering that a wholly unsecured junior lien on the debtor's residential real estate may be avoided after the debtor completes Chapter 13 plan payments.

After a trial, the court overruled the debtors' objections to the claims of their lenders, finding that the debtors had ratified the loans and waived any challenges to the loans' validity by virtue of their conduct and course of dealing with the lender. The court also dispensed with the debtors' "mutual mistakes" argument concerning the loan documents, and ruled that the debtors failed to produce sufficient evidence that they are not liable on the loans to overcome the prima facie validity of the lender's claims.

The court granted summary judgment to the debtors, ordering that a wholly unsecured junior lien on the debtors' residential real estate may be avoided after the debtors complete Chapter 13 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 permits wholly unsecured liens to be stripped off.

The debtor purchased cattle from the defendant pre-petition, and his payment checks were dishonored. The seller filed a replevin action and obtained possession of the cattle pursuant to an order from the state court. Shortly after that replevin order was entered, the debtor filed a Chapter 11 petition. The debtor in possession then filed this adversary proceeding to exercise his avoidance powers and set aside the seller's successful reclamation of the cattle.

The court entered a default judgment excepting a debt from discharge in an adversary proceeding where the debtor was served with process but did not respond. The complaint requested relief under both § 523 and § 727, but the motion for default judgment did not include a prayer for denial of discharge under § 727, so that portion of the motion was denied.