Chapter 12 plan not confirmed because treatment of former spouse's claim is discriminatory, inequitable, and not permitted by Code
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Opinions
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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.
Bankruptcy case not filed in good faith. Debtor filed bankruptcy in an attempt to thwart former wife's attempts to enforce terms of divorce decree
Dischargeability under section 523(a)(4) and (a)(6). Summary judgment granted on issues of larceny, embezzlement, and willfulness. State court conversion action is not res judicata on issue of malice for purposes of 523(a)(6).
Debtor's physical disabilities precluded employment of any type, so repayment of her student loan would impose an undue hardship upon her
Homestead exemption in travel trailer permitted because it was attached to utilities and therefore "permanently annexed" to the land
Debtors were not allowed to increase their claimed exemption in stock to protect its value. They knew its real value, but undervalued it in their schedules. In addition, only one debtor could claim the exemption because the stock was not owned jointly
Debtor's inherited cash and land is property of the bankruptcy estate, but is not disposable income which could be made available to creditors
Case dismissed for improper venue. Opinion also discusses timeliness of motion to dismiss
Reported at 246 B.R. 895. Debtor-farmer's Corvette was not "held for use in the principal trade or business of the debtor" and therefore could not be exempted as a tool of the trade. The personal property exemption could be used for a portion of its value.
Motion to modify denied because all plan payments had been completed. Trial was necessary on "disposable income" issue before discharge could be granted