Court temporarily enjoined a state court contempt hearing against the debtor until the bankruptcy court could determine what effect the bankruptcy filing had on the state court’s jurisdiction over the parties’ marital dissolution proceeding
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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Lester Schulz v. Marguerite Schulz White (In re Schulz), BK81-1234, A82-304 04/27/198204/27/1982
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Randall & Michelle Hartmann v. John Wolf, Trustee (In re Hartmann), Ch. 7, BK81-260, A81-269 04/26/198204/26/1982
Reported at 19 B.R. 844. Nebraska debtors are entitled only to the exemptions available under Nebraska law. Therefore, only the husband as head-of-household can claim a homestead exemption, and the wife may claim an “in lieu of homestead” exemption
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Meridel Abrams v. University of Nebraska at Lincoln (In re Abrams), BK80-731, A80-484 04/14/198204/14/1982
Reported at 19 B.R. 64. Debtor’s student loans were not dischargeable because repayment would not cause her an undue hardship. She had no dependents, few expenses, little significant debt, and could find employment outside of her field of study
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Robert Stahl, Jr., Trustee v. G.P. Enterprises, Inc. (In re Olson Bros. Mfg. Co.), Ch. 11, BK80-2674, A81-365 03/29/198203/29/1982
The distribution agreement between debtor & the defendant was an executory contract to be assumed or rejected by the trustee. On the petition date, neither side had received a contractual benefit & both sides had substantial future duties to perform
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Business Development Corp. of Nebraska v. John Wolf, Trustee (In re Tri-Valley Transportation, Inc.), Ch. 7, BK81-143, A81-447 03/25/198203/25/1982
Reported at 18 B.R. 628. Lenders properly perfected their security interest by filing in the county of the corporation’s last-known registered agent, because corporation failed to take the steps necessary to properly change their registered agent
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Bruce & Kathleen Scovill, BK81-2359, Ch. 13 03/25/198203/25/1982
Reported at 18 B.R. 633. For purposes of Chapter 13 plan confirmation, the appropriate interest rate on secured claims pursuant to sec. 1325(a)(5)(B)(ii) is the current market rate of interest on a similar type of loan at the time of confirmation
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Associates Financial Services Co. of Nebraska, Inc. v. Randall Hrbek (In re Hrbek), BK80-1545, A80-490 03/25/198203/25/1982
Reported at 18 B.R. 631. Vehicle had been titled in both Colorado and Nebraska, but creditor’s lien wasn’t noted on Nebraska title. Under UCC 9-103, creditor’s secured status depends on whether vehicle was registered – not just titled – in Nebraska
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John Hearn, Ch. 13, BK81-989 03/24/198203/24/1982
Reported at 18 B.R. 605. Faced with competing motions by creditor to convert case to Ch. 7 under sec. 1307(c) and by debtor to dismiss case under sec. 1307(b), the court ruled that the Bankruptcy Code favors dismissals over involuntary liquidations
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Sherry Elliott v. C.A.R.I. TV & Appliance Rentals and Sales (In re Elliott), Ch. 13, BK80-1957, A80-530 03/24/198203/24/1982
Reported at 18 B.R. 602. A “rent-to-own” contract for rental & possible purchase of household goods was a purchase-money security agreement and not a lease, and could be dealt with in debtor’s plan. The facts of each case govern such a finding under the U
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Frank Leahy Chevrolet, Inc. v. Anderson Auto Co., Inc. (In re Anderson Auto Co., Inc.), BK81-430, A81-478 03/24/198203/24/1982
Debtor car dealer purchased a car from another dealer, who then paid off the floor plan financing & obtained a lien release. However, debtor’s check didn’t clear. As between seller & debtor’s lender regarding rights to the sale proceeds, seller loses