Student loans are non-dischargeable because their repayment would not impose a hardship on the debtor. He is able-bodied, intelligent, single, and eligible for the Wm. D. Ford loan consolidation program.
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Opinions
United States Courts Opinions (USCOURTS) collection is a collaborative effort between the U.S. Government Publishing Office (GPO) and the Administrative Office of the United States Courts (AOUSC) to provide public access to opinions from selected United States appellate, district, and bankruptcy courts.
The District of Nebraska offers a database of opinions for the years 1997 to current, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.
Debtor's motion to file a priority tax claim on behalf of the IRS is denied. Unlike Chapters 7 and 11, there is no bifurcated tax year in Chapter 13. The creditor must file a claim under Section 1305 before Sections 502(i) or 507(a)(8) become applicable
Permanent injunction granted in ancillary case under section 304, prohibiting claimants from pursuing lawsuits in U.S. The Cayman Islands insolvency laws provide for claims filing and allowance procedures similar to those under U.S. bankruptcy law
Debtor's Roth IRA, containing $3,300, should be turned over to the Chapter 7 trustee for administration. The debtor has 30+ years until retirement, no dependents, and little debt, so the IRA isn't necessary for his support
Judgment entered in favor of the debtors on section 523(a)(2)(A) and 523(a)(6) claims. Overdrawing a bank account didn't constitute fraud, false pretenses or false representation. Withdrawing funds from an investment account wasn't willful & malicious
Judgment entered in favor of the debtor on section 727(a)(2) and 727(a)(4) claims. While debtor failed to schedule certain assets & debts, it didn't appear to be done with an intent to defraud
Debt declared nondischargeable under section 523(a)(15)(A). The debtor owns sufficient assets, including some ostensibly transferred to his mother, to pay the judgment to his former wife
Opinion discusses Rule 9011 and 28 U.S.C. § 1927 in denying a motion for sanctions and costs filed by a state-court receiver who argued the plaintiff should have dismissed him from the adversary proceeding once he had turned over all collateral and proceeds to the bankruptcy trustee.
Published at 308 B.R. 37. The debtor is not a "responsible person" under 26 U.S.C. section 6672 for the collection of trust fund taxes for a family business that he is no longer involved in.
Factors to consider in deciding how much of an IRA should be exempted for the support of debtors and their dependents include age, current and anticipated living expenses and income, ability to work, job skills, other assets, and financial obligations