The deed of trust holder’s motion for relief from stay was denied without prejudice to permit the debtor to resume making monthly payments and cure payments. If debtor becomes delinquent again, the creditor is entitled to relief without a hearing.
Opinions
The District of Nebraska offers a database of opinions for the years 1997 to 2011, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.
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Kimberly Louise Bradford, Ch. 13, BK10-80782-TJM 02/24/201202/24/2012
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Pauline B. Borromeo v. Household Fin. Corp. III (In re Borromeo), Ch. 13, BK10-81423-TJM, A10-8057-TJM 02/24/201202/24/2012
The court denied plaintiff’s motion for sanctions for certain discovery disputes. Neither side had completely abided by discovery rules. The problems were solvable, so the parties were directed to try again to comply with the discovery requests.
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Elizabeth M. Thomas, Ch. 13, BK11-42783-TLS 02/17/201202/17/2012
Under Supreme Court authority and § 1325(a)(5)(B), a plan should provide for the payment of interest to a lender on pre-petition arrearages in order to give the lender the present value of its claim, regardless of whether the loan documents so provide.
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Jeffrey S. & Ann L. Davis, Ch. 7, BK11-82837-TJM 02/16/201202/16/2012
In exempting tools, the court said, “There is no statutory requirement of a continuous stream of income from the use of the tools for a claim of exemption to be allowed. There is a business, there is some advertising, and there is some hope [by debtor].”
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Kent D. Bushnell v. Bank of the West (In re Bushnell), Ch. 13, BK11-82735-TLS, A11-8107-TLS 02/14/201202/14/2012
The debtor’s challenge to a pre-petition non-judicial foreclosure is not a core proceeding. It is a related-to matter, which the bankruptcy court may hear but may not determine. The court recommends that the district court dismiss the complaint.
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Kenneth M. & Melissa Mae Stillwell, Ch. 7, BK08-82997-TLS 02/10/201202/10/2012
Debtor’s personal guarantee of a lease did not apply to obligations under a later lease extension agreement. The landlord was not prejudiced by lack of bankruptcy notice. Any obligations (contingent or otherwise) to the landlord were discharged.
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thomas d. stalnaker, trustee v. kathy dennis (in re timothy dennis), ch. 7, bk10-83290-tls, a11-8097-tls 02/02/201202/02/2012
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William Edward Julien, Ch. 11, BK10-82442-TLS 02/01/201202/01/2012
The court denied the debtor’s motion to extend the automatic stay to a non-debtor because the debtor was not taking into consideration the rights of the non-debtor’s creditors. The collection action against the non-debtor was not a core proceeding.
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William J. & Patricia L. Montague v. Green Tree Servicing, LLC (In re Montague), Ch. 13, BK11-41613-TLS, A11-4191-TLS 01/26/201201/26/2012
An unsecured junior lien on the debtor’s residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The case law in the Eighth Circuit, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
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George R. Osborn, Jr., Ch. 13, BK11-41944-TJM 01/26/201201/26/2012
In the parties’ divorce decree, the debtor was ordered to pay the second mortgage on the home awarded to his former wife. The parties intended the debt to be in the nature of support and it therefore is a non-dischargeable domestic support obligation.