The court will grant only what is requested in the motion's prayer. If a motion for relief to commence foreclosure proceedings does not ask for permission to seek appointment of a receiver, then the order granting relief does not authorize such an action
At trial, the court found that the plaintiffs had not carried the burden of establishing non-dischargeability under § 523(a)(2)(A) because there was no evidence that the debtor or anyone on his behalf made a fraudulent misrepresentation to them.
The Chapter 7 trustee's actions in operating the debtor's business were not improper or in violation of the Bankruptcy Code. The moving creditors' disagreement with some of the trustee's business decisions do not constitute cause to remove him.
The entity that purchased the debtor's real property at an execution sale was not the proper defendant in a preference action. The creditor who received the sale proceeds should have been the defendant. The preference elements weren't established.
A trial was needed on the trustee's motion for turnover of cash confiscated by police. The funds were subsequently lost or misplaced, so there was a question under Eighth Circuit law whether the police could turn over property they no longer possessed.
On debtors' claims objections, the court found the bank hadn't waived a deficiency claim by holding collateral for an extended period before selling it, as the debtors caused the delay. A valuation hearing was necessary to determine the claim amounts
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.
Movant is not entitled to an administrative expense priority claim for payment of debtor's benefit plan contributions because the payment wasn't an actual and necessary cost of preserving the estate, although the claim can be subrogated under § 509.
Debtor was allowed to reconvert to Ch. 13. Lender would otherwise reap a windfall by collecting from co-signers due to debtor's misunderstanding in converting to Ch. 7. Reconverting would put parties back in the positions they occupied at confirmation
