Debtor was co-guarantor on a bank loan. The bank could collect from debtor despite settling with the other guarantor & surrendering the promissory note. When the debt is fully paid, the co-guarantor's right to contribution from the debtor will mature
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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.
Fees of $50 per hour were appropriate for debtor's counsel in a case that converted from Chapter XI to straight bankruptcy. Debtors' counsel who are unsuccessful in formulating an arrangement aren't compensated as much as if an arrangement is confirmed
Husband was ordered to pay certain marital debts in the parties' divorce. Those debts were non-dischargeable under section 523(a)(15), as he had ability to pay them & discharge would be a greater detriment to the former wife than a benefit to the debtor
Court found that debtors did not intentionally present false financial information to plaintiff, or that plaintiff relied on it if they had. There also was no evidence that debtors willfully, intentionally or maliciously damaged plaintiff's collateral
Debtor is entitled to Nebraska homestead exemption because she maintains the residence as her home, although she works and lives in Colorado during the week
Debtor had no intent to repay credit card charges as he incurred them, but credit union reasonably relied on debtor's implied false representation of intent to repay, so debt is not dischargeable
(1) In determining whether a judicial lien may be avoided under section 522(f), hypothetical costs of sale may not be deducted from the debtor's equity in the property. (2) Only the portion of the lien that actually impairs the exemption may be avoided
Published at 240 B.R. 22. Although the debtor's interest in an employer-provided deferred compensation plan may not be property of the estate under section 541(c)(2), her income from the plan should be included in the calculation of disposable income pursuant to sec. 1325(b).
Although venue of the bankruptcy case was proper in both Nebraska & Oklahoma, venue should be transferred to Okla., as that is where the primary asset, business operations, and majority of creditors and witnesses are located
Upon divorce, debtor was assigned responsibility for certain marital credit card debt. Under 11 U.S.C. section 523(a)(15), that debt is not dischargeable