The court sustained the trustee's objection to a claimed exemption, ruling that an earned income tax credit is not analogous to state-administered aid to dependent children and therefore cannot be exempted under a Nebraska public assistance statute
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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.
Plaintiff did not prove elements of section 523(a)(2)(A) or section 727(a)(2), (3), or (5), so debt was discharged
Debt owed by business broker was excepted from discharge under sections 523(a)(4) and (6)
Individual Retirement Accounts (IRAs) are exempt under Neb. Rev. Stat. § 25-1563.01, unless the funds contained therein are not reasonably necessary for the support of the debtor and any dependent of the debtor.
Bankruptcy court's ruling that student loan debt was discharged was reversed as premature. Such a determination should be made near end of Ch. 13 plan, when debtor's future financial condition is more readily apparent. Aff'd 368 B.R. 846 (8th Cir. 2004)
Ruling deferred on dischargeability of debt under section 523(a)(15). More evidence as to debtor's economic and medical situation is necessary
Lender permitted to set off deposit account in which other creditors have an interest. Marshaling of assets not required because there are junior creditors on each fund, and senior and junior creditors would be prejudiced
Debts owed by general contractor to subcontractors were dischargeable. Debtor's signature on lien affidavits did not constitute fraudulent representations as to these creditors. Also, no basis existed for nondischargeability under 523(a)(4) or (a)(6)
Under Nebraska law, a trust deed sale is not complete to cut off debtor's rights until title is conveyed to purchaser
Debtor owns an interest in a development company. The debtor's ownership interest is property of the estate, but the development company's assets, when held by the development company, are not assets of the debtor and are not property of its estate