Because the purchase money lender’s lien was not on the title certificate, the security interest was unperfected & subordinate to the trustee’s hypothetical lien. Likewise, the lender’s interest in accessions to the vehicle was also unperfected.
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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Rick D. Lange, Chap. 7 Trustee v. Wells Fargo Equip. Fin., Inc. (In re Negus-Sons, Inc.), Ch. 7, BK09-82518-TJM, A11-8081-TJM 04/02/201204/02/2012
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Theodore & Dianne Coleman, Ch. 13, BK11-82892-TLS (Mar. 21, 2012) 03/21/201203/21/2012
The Rooker-Feldman doctrine precludes the debtors’ attempt to have the bankruptcy court set aside a state court decision upholding the validity of the trustee’s sale of debtors’ home. The buyer is entitled to relief from the stay to evict the debtors.
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Rick Lange, Ch. 7 Trustee v. Janna Lynn Mertz (In re Mertz), Ch. 7, BK11-81644-TLS, A11-8099-TLS (Mar. 15, 2012) 03/15/201203/15/2012
A deed of trust executed by two unmarried owners in joint tenancy was valid, by its terms, to encumber the interests of both owners even though the document identified only one owner as the “borrower” because the promissory note was in his name only.
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Donald H. & Marcee N. Pedersen, Ch. 11, BK10-83133-TJM (Mar. 12, 2012) 03/12/201203/12/2012
Dismissal of this Chapter 11 case, rather than conversion, was in the best interest of creditors. Rehabilitation was not reasonably likely, given the debtors’ continued delays in providing financial data to creditors and formulating a plan.
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Daniel Keith & Carol Ann Kirby, Ch. 13, BK10-40455-TLS 03/06/201203/06/2012
Exempt funds may constitute disposable income to be used to pay unsecured creditors under a Chapter 13 plan if the funds are not necessary for the debtor’s support. Here, the exempted personal injury settlement proceeds were not needed for support.
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First Nebraska Educators Credit Union v. Jerome E. & Glenda F. Hetrick (In re Hetrick), Ch. 7, BK11-80283-TLS, A11-8045-TLS 03/01/201203/01/2012
The court denied summary judgment because fact questions existed as to whether the debtors transferred or concealed property, failed to explain a loss of assets, or made false representations when they withdrew money on a home equity line of credit.
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Thomas D. Stalnaker v. Dan Fitch (In re First Americans Ins. Serv., Inc.), Ch. 11, BK09-40067-TLS, A11-4074-TLS 02/28/201202/28/2012
Although the defendant in this action to recover alleged preferential & fraudulent transfers demanded a jury trial, he also filed a proof of claim in the bankruptcy case, which subjected him to the bankruptcy court’s equitable power and waived a jury.
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Joyce Ann Nielsen v. Bank of America and Green Tree Servicing, LLC, Ch. 13, BK09-82626-TLS, A11-8062-TLS 02/24/201202/24/2012
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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Wesley & Shelly Smith v. CitiMortgage, Inc. (In re Smith), Ch. 13, BK11-40487-TLS, A11-4223-TLS 02/24/201202/24/2012
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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raymond h. & barbara a. mehner v. wells fargo bank (in re mehner), ch. 11, bk10-80627-tjm, a11-8032-tjm 02/24/201202/24/2012