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.
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.
Subscribe to our opinions RSS feed 
-
William C. & Jill M. Poe v. Wells Fargo Bank (In re Poe), Ch. 13, BK11-42740-TLS, A12-4032-TLS (July 9, 2012) 07/09/201207/09/2012
-
Lauri Jeanne Weber v. CACH, LLC (In re Weber), Ch. 13, BK11-82940-TLS, A12-8009-TLS (July 3, 2012) 07/03/201207/03/2012
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.
-
Jesse & Talena Grace Cardenas, Ch. 7, BK05-83427-TJM (June 19, 2012) 06/19/201206/19/2012
The court denied debtors’ motion for contempt against their mortgage lender after finding that the debtors had reaffirmed the debt, so the lender’s post-discharge communications and requests for payment did not violate the discharge injunction.
-
William Edward Julien, Ch. 11, BK10-82442-TLS (June 18, 2012) 06/18/201206/18/2012
The court denied a creditor’s late-filed motion for extension of time to file a dischargeability complaint, ruling that strict compliance with the deadline was necessary and the creditor had not shown that the deadline should be equitably tolled.
-
Bank of Nebraska v. Mark M. Rose (In re Rose), Ch. 7, BK05-83572-TJM, A05-8088-TJM (June 11, 2012) 06/11/201206/11/2012
After trial on the bank’s § 523(a)(2)(B) complaint, the court entered a money judgment in the bank’s favor for the deficiency balance due after the sale of collateral. The court found that the debtor had significantly overstated the collateral’s value.
-
Mary Martha Jaminet v. City of Lincoln, Nebraska (In re Jaminet), Ch. 13, BK11-42158-TLS, A12-4022-TLS (June 7, 2012) 06/07/201206/07/2012
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.
-
Bradley A. & Kelly L. Baehr v. Bank of the West (In re Baehr), Ch. 13, BK10-43541-TJM, A12-4023-TJM (June 6, 2012) 06/06/201206/06/2012
The court denied the debtors’ motion to strip off a junior lien on their residential real property because there was no evidence in the record that the lien was wholly unsecured.
-
AFY, Inc., Ch. 7, BK10-40875-TLS (June 6, 2012) 06/06/201206/06/2012
After a trial, the court overruled an objection to one claim and sustained objections to two others, disallowing them. The claims were not entitled to a presumption of validity, and the alleged creditors were unable to carry the burden of persuasion.
-
Vicky Winkler, Trustee of the PVP Liquidating Trust v. Mandeep Ghumann (In re Prof'l Veterinary Prods., Ltd.), Ch. 11, BK10-82436-TJM, A11-8083-TJM (June 6, 2012) 06/06/201206/06/2012
The court denied the defendant’s motion for summary judgment in a dispute over the amount owed to the debtor for goods sold on account. Material questions of fact exist as to how the balance due should be calculated and whether credits should be granted.
-
First Nebr. Educators Credit Union v. Bobby Lee & Becky Renee Scott (In re Scott), Ch. 7, BK11-82851-TLS, A12-8013-TLS (May 31, 2012) 05/31/201205/31/2012
The court found that the debtors intentionally excluded significant debts from their loan application to mislead the lender and induce it to approve the loan. The debt remaining after the sale of the collateral was non-dischargeable under § 523(a)(2)(B).