Debtor sometimes paid late on its equipment lease. Pre-petition, the lessor declared the debtor in default and demanded return of the equipment. The court found that the pre-petition termination was effective & the property was not property of the estate
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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 U.S. Trustee's section 707(b) motion to dismiss for substantial abuse because the debtors were capable of paying only 38 percent of their unsecured debt in a Chap. 13 case, which the court said falls short of "substantial abuse"
Debtors missed a Chap. 11 plan payment, so creditor moved for relief from stay. Court found that automatic stay terminated upon confirmation, and further found that debtor couldn't modify the plan because it had been substantially consummated
28-year-old debtor may not continue to contribute to his retirement fund at the expense of unsecured creditors. The money being put away for retirement is disposable income which should be paid through the plan pursuant to section 1325(b)(2)
Debtors may file a Ch. 12 case after final decree is entered in their Ch. 11. Stipulation entered into in Ch. 11 case isn't necessarily binding in their Ch. 12. Debtors didn't show likelihood of successful reorganization, so relief from stay was granted
Debtor's fourth bankruptcy case in seven years was dismissed for cause as having been filed in bad faith. The evidence indicates that the filing was solely to frustrate one creditor's collection efforts,while the total debt load continued to rise
Trustee sought to abandon property to debtor. Debtor objected because he didn't want the accompanying tax liability. Court ruled that abandonment wasn't taxable to estate, that the trustee could abandon only to debtor, & debtor was liable for the taxes.
Chapter 12 debtors suffered fire damage. Upon receiving a settlement, they spent some of the proceeds on items unnecessary under their confirmed plan. Court held that some of the money was disposable income to be distributed to unsecured creditors
Debtor's employment was terminated a few weeks after he filed his bankruptcy case. He sued the employer alleging a violation of 11 U.S.C. section 525(b), but was unable to establish that his termination was "solely" a result of his bankruptcy filing
The Chapter 12 trustee is responsible for the administration of the case. Plan payments must be made through the trustee, and the plan must run for the statutory time period