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.

In a case to determine the extent, validity, and priority of certain judgment liens against the debtors' residential real estate, the judgments had either been satisfied or the liens had ceased to exist because the judgments were dormant, so summary judgment was granted in favor of the debtors.

After a trial on the dischargeability of the debtor's student loan indebtedness, the court ruled that the debt was excepted from discharge. The evidence indicated the debtor's income is likely to increase in the foreseeable future, as a result of higher salaries as well as a reduction in expenses.

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.

This case presents what appears to be an issue of first impression for this court. That is, what effect, if any, does the conversion of a bankruptcy case from a Chapter 11 case to a Chapter 7 case have on the 11 U.S.C. § 364(c)(l) "super-priority" administrative claim of a Chapter 11 debtor in possession lender. Specifically, the court must decide if conversion to Chapter 7 subjects the "superpriority" status granted to the lender pursuant to § 364(c)(1) to the priority provisions of 11 U.S.C.

The court, applying New York law, ruled on summary judgment in a preference action that a merchant cash advance ("MCA") agreement executed between the debtor and a funding company during the preference period was a true sale of receivables and not a disguised financing arrangement. The funding company's argument that the transfers were in the ordinary course of business required an inquiry into the facts, so the matter was set for trial.

The court granted summary judgment to a creditor owed a debt arising from damages and injuries resulting from an assault committed by the debtor. The state court judgment established the elements of willfulness and maliciousness under § 523(a)(6), so the debt is excepted from discharge.

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 debtors filed this adversary proceeding to stop the IRS's post-discharge collection of pre-petition taxes that the debtors believed were paid through the Chapter 13 plan. The court granted summary judgment to the IRS because the taxes arose from late-filed returns and were not dischargeable under §§ 1328(a)(2) and 523(a)(1)(B)(ii). The debtors had miscalculated the amount due when they objected to the IRS's claim; because the IRS was not properly served with notice of the objection, it did not oppose the objection.

An unsecured creditor in a Chapter 7 case may include post-petition attorneys' fees in its proof of claim, but it may not recover post-petition interest.