Although the debtor's current financial situation is bleak, her student loan obligations should not be discharged because her financial condition is likely to improve in the future as dependent expenses are reduced and her income increases.
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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.
Trustee's motion to avoid lien on vehicle granted. Lien was noted on title more than 20 days after the security interest was granted, so it was a preference. Co-owner's ratification or consent to encumbrance is still a transfer under Bankruptcy Code
Appeals dismissed for lack of jurisdiction because bankruptcy court order was not a final order
IRS was entitled to interest on deferred payments on its claim, pursuant to Section 1129(a)(9)(C). The plan provision disallowing interest on tax claims dealt only with post-petition, pre-confirmation interest, and not with the issue of present value.
BAP opinion affirming decision that avoided fraudulent transfers and allowed trustee to recover fees for pursuing the action. Trustee's section 544(b) right is determined as of the petition date. Trustee may recover the entire fraudulent transfer
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
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.