Reported at 337 B.R. 684. Overruled by Winters, BK09-43374-TJM (Mar. 17, 2010). The language of §§ 522(g)(2) & 522(f)(1)(B) let debtor avoid an unperfected non-purchase-money lien on her car while preserving a tool-of-the-trade exemption in it.
You are here
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.
A personal guarantee signed either by debtor or with his authorization support a finding of non-dischargeability under § 523(a)(2)(A). Debtor's statements that he doesn't know who signed it do not amount to a false oath or account under § 727(a)(4).
Affirmed in part at 496 F.3d 892 (8th Cir. 2007). Two partners in the debtor breached their fiduciary duties to the debtor's estate by purchasing some of its property at a foreclosure sale. The court imposed a constructive trust on the net proceeds.
Affirmed in part at 496 F.3d 892 (8th Cir. 2007). Two partners in the debtor breached their fiduciary duties to the debtor's estate by purchasing some of its property at a foreclosure sale. The court imposed a constructive trust on the net proceeds.
Homestead exemption allowed for debtor who moved into his parents' home to care for his father; and who inherited house after his father passed away. The debtor became head of household when he took over primary responsibility for his father's care.
After the creditor's deed of trust lien was avoided, the debtor attempted to claim a homestead exemption in the value. It was denied because the avoided lien inured to the benefit of the estate, not the debtor. She could claim the exemption in her equity.
The debtor treated the parties' escrowed funds as its own, using them as general operating assets. When the funds were paid to the claimant two days before the petition date, the funds had lost their escrow identity, so the transfer was preferential.
The court declined to extend the homestead exemption to a pick-up truck and fifth-wheel trailer. While a trailer home may qualify, it must be permanently affixed to real estate. The pick-up truck would not qualify under the homestead statute.
Incarceration does not constitute an abandonment of a homestead. Moreover, under Nebraska statute, the debtor may claim a homestead exemption in the proceeds of the foreclosure sale of the house any time during the six months following the sale.
Plaintiff leased equipment to a third party, which sold it to debtor. Debtor was unaware of the lease and claimed the equipment as property of the estate. Plaintiff filed this adversary proceeding seeking turnover, relying on UCC 2A-305