Bank's security interest in car was not properly perfected, so it was avoidable by the trustee. The benefit accrued to the estate, not to the debtor. The debtor was not allowed to claim an exemption in the property
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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.
Rooker-Feldman doctrine precludes federal court appellate review of state court decision
Prior state court judgment included findings on debtor's false representations & willful and malicious conduct sufficient to collaterally estop him from relitigating them in this section 523(a) action. The state court judgment is non-dischargeable
The court granted lender-defendant's motion for summary judgment. Under Nebraska rules of contract construction, the written loan commitment between the lender & the debtor was unambiguous. The two provisions were independent and not conflicting
Trustee's objection to claim of exemptions is overruled. Nebraska exemption for workers' compensation benefits extends to the traceable use of such funds to an investment in a home for the workers' compensation recipient
Published at 228 B.R. 712. Debtor sought hardship discharge of student loan. Court ruled that section 106(a) of Bankruptcy Code is an unconstitutional abrogation of the State's sovereign immunity, and the State did not waive immunity by participating in federal student loan program.
Discussing confirmation requirements under sections 1129(a) and 1129(b)
Landlord's objection to debtor's abandonment of underground gasoline storage tanks was overruled. Landlord retained same remedy (claim for damages) in bankruptcy as he would have had outside bankruptcy
Debtor's professional accounts receivable are not exempt under Neb. Rev. Stat. section 25-1558
Order approving stipulation is binding and cannot be altered by the parties after intervening rights have become vested in reliance on the order