The court denied the debtor's motion for summary judgment against a junior lienholder on the debtor's home because the debtor did not properly serve the creditor.

The state Department of Health and Human Services objected to the Chapter 11 trustee's proposed sale of a health care facility free and clear because when such a facility is sold, state law allows the department to recapture depreciation payments made to the facility as part of its Medicaid reimbursements.

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.

The court granted a creditor's unopposed motion for summary judgment and determined it was entitled to the principal balance of its unsecured claim plus interest and legal fees arising from the debtor's default under the confirmed plan. The plan and confirmation order provided for interest and post-petition fees, and a confirmed plan serves as a contractual agreement which binds the parties.

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 debtor objected to a lender's claim in her Chapter 13 case because she believed she was no longer liable on the debt, as the debt and the property securing it had been awarded to her former spouse in their divorce, and she also believed that whatever liability she might have had on the debt had been discharged in her previous Chapter 7 case. However, she was still named on the promissory note and mortgage, and neither the debt nor the creditor was listed in the Chapter 7, so the debt was not discharged.

The court granted summary judgment to a debtor seeking to remove a purported lien from the title to her car. She had borrowed money from the defendant and signed a promissory note, but did not grant the defendant a security interest in the vehicle. The defendant nevertheless recorded a lien on the vehicle's title. The court avoided the lien and ruled that the debt was unsecured.

A secured creditor sought denial of the debtors' discharge under §§ 727(a)(6)(A) and (a)(7) for the debtors' failure to turn over property pursuant to a court order in the debtors' previous bankruptcy case. The court denied the creditor's motion for summary judgment, despite the debtors' failure to object, because the facts did not establish the elements pleaded in the complaint.

After trial, the court granted the debtor's request to discharge her student loans. She has a stable job, although not in her field of study, but has been unable to find a better-paying job in the Lincoln area and is unlikely to earn significantly more in the future. Her monthly expenses are modest and reasonable. The stress of financial problems, including repayment of these student loans, has had an impact on the debtor's emotional health and caused difficulties in her personal relationships.

The debtors had previously filed a lender liability lawsuit in Rhode Island. Upon filing bankruptcy in Nebraska, the debtors filed an adversary proceeding containing the same allegations.