Secured creditor obtained relief from stay on farmland after the court took evidence on value and found the creditor to be undersecured &, while the property was necessary to an effective reorganization, debtors hadn't provided adequate protection
For secured claims under § 1325(a)(9)'s "hanging paragraph" that are to be paid in full in installments over a period of years, the appropriate rate of interest continues to be the Till rate, rather than the contract rate. BAPCPA did not change this.
The court deferred ruling on a motion for relief from stay by a deed of trust holder in a single asset real estate case, pending the expiration of the statutory 90-day period for the debtor to file a plan with a reasonable possibility of being confirmed.
Debtor's pre-petition oral promise to reaffirm a debt to the bank was not a false representation because he testified that until he saw his bankruptcy schedules, he intended to repay the bank. It also would be void as a pre-petition waiver of discharge.
The debtor's employment was terminated several months after he filed bankruptcy, but the employer had valid business reasons, unrelated to the bankruptcy, for doing so. The employer's actions did not violate 11 U.S.C. section 525(b)
The court clarified lien avoidance procedure so that debtors may use all of the exemptions to which they are entitled to avoid a lien under § 522(f)(1)(B). The court's prior decision of In re Vasina was overruled to the extent it held otherwise.
Debtor's student loan debt was dischargeable for undue hardship under § 523(a)(8)(B) because her employment in a low-paying job in a field unrelated to her degree, plus her medical issues, meant her ability to repay the loan was virtually non-existent
Case dismissed for improper venue. Opinion also discusses timeliness of motion to dismiss
Bank wanted summary judgment saying that a new loan given days before filing was new value and thus not preferential. Court held it was preferential; Bank's new loan was given under circumstances that required debtors to pay off old loan owed to Bank.
