Reversed at 447 B.R. 597. Bank's deeds of trust were notarized by the brother-in-law of the debtor's member who executed the documents for the debtor. Under Nebraska law, the documents were improperly acknowledged, not lawfully recorded, and void.
A debtor may not reclassify surrendered collateral as unsecured debt through a post-confimation plan modification. The creditor should be able to rely on the treatment of its claim and the amount of its allowed secured claim as determined at confirmation
Because objections under § 523 and § 727 contemplate different standards of conduct with regard to intent, the litigation of the debtor's intent in a prior § 727 proceeding does not bar the raising of that issue in a subsequent proceeding under § 523
The issue of whether a business premises lease had been breached required additional evidence on whether the lessor's conduct constituted a material breach of the restrictive-use clause and whether the lessee consented to the lessor's conduct.
A joint debt assumed by debtor when the parties divorced was dischargeable in bankruptcy. His default on the debt did not rujn afoul of 11 U.S.C. section 523(a)(4), nor was it willful or malicious under 523(a)(6)
Debtor held power to exercise dominion and control over trust corpus on petition date, so trust corpus was property of the bankruptcy estate
An unsecured junior lien on debtor's residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The bankruptcy court's Sanders decision, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
Actions by trust deed holder who -- postpetition but without knowledge of the bankruptcy -- foreclosed on debtor's property and received a trustee's deed were void because they violated automatic stay. Debtor's plan may provide for payment of the claim
As the owner of improved real estate which it leased to another business, the debtor was a single asset real estate debtor under § 362(d)(3). Its bankruptcy case was filed in good faith in an effort to reorganize its debt despite a pending foreclosure.
An unsecured junior lien on debtor's residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The bankruptcy court's Sanders decision, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
