The debtor's interest in her ex-husband's 401(k) plan is exempt personal property. Trustee cannot claim post-petition alimony payments because debtor's right to payment accrues each month
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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.
Court denied defendant's motion for summary judgment. Debtors were third-party beneficiaries of a condition precedent contained in the loan documents, and a fact question existed as to whether the condition precedent was satisfied and/or waived
Debtor held power to exercise dominion and control over trust corpus on petition date, so trust corpus was property of the bankruptcy estate
Under Rooker-Feldman doctrine, federal court has no subject-matter jurisdiction to review state court decision
Intervenor argued that its interest was superior to that of the trustee because it owned the vehicles the debtor was purchasing from defendant. Court ruled in trustee's favor, as intervenor was unable to prove constructive trust or unjust enrichment.
Abstract: Under Brunner test, debtor failed to establish undue hardship for discharge of student loan debt under section 523(a)(8)(B)
Lender was not permitted to amend its non-dischargeability complaint to add a claim for relief under section 523(a)(2). The court ruled that the proposed amendment was untimely under Fed. R. Bankr. P. 4007(c) & did not relate back to original complaint
Trustee sought to recover real estate transferred to ex-mother-in-law for allegedly fraudulent purpose. However, trustee was unable to prove necessary elements of Nebraska Uniform Fraudulent Transfer Act
Post-petition, pre-confirmation payments to the Ch. 13 trustee from the debtors' personal-service income must be returned to the debtors upon conversion to Ch. 7, pursuant to sections 541(a)(6), 348(a), and 348(f)
Debtor who owns vehicle, but is not liable on note pursuant to divorce decree, is nevertheless a debtor to the secured party, and ex-spouse is protected by co-debtor stay. Because plan didn't propose to pay full claim, relief was granted against co-debtor