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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.
Affirmed at 260 B.R. 870 (B.A.P. 8th Cir. 2001). Under Nebraska law, attorney fees incurred by a litigating creditor may be allowed as an unsecured claim to the extent they result from debtors' bad faith in taking actions to frustrate & harass creditors
Post-discharge conversion to Ch. 13 was improper and appears to have been done in bad faith.
Trial should be held to determine whether debtor wife's non-dischargeable debt for restitution is dischargeable as to debtor husband. To succeed, the plaintiff will have to prove actual fraud or some other element of section 523 as against the husband
Debtors' motion to dismiss case was denied because of potential prejudice to creditors. The debtor wife's claimed tool-of-the-trade exemption in van was denied because there was no evidence that she used the vehicle in connection with employment