These debtors have the ability to pay some debts from future income, so the U.S. Trustee's motion to dismiss under 11 U.S.C. section 707(b) is granted. No bright-line rule is necessary; the ability to fund a Chapter 13 plan is the determinative factor.
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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.
Debtor filed adversary proceeding alleging that a California state court wrongfully directed the Office of Personnel Management to pay certain of his retirement funds to his ex-wife. Lack of subject-matter jurisdiction required dismissal of some counts
Chapter 11 plan confirmed over shareholder's objection. The plan eliminates his shareholder interest because the debtor is insolvent and that interest no longer has value on either a liquidation basis or a going-concern basis
Debtor transferred his interest in real estate to his wife in a previous bankruptcy case. As a result, he holds no legal or equitable interest in the property which could be considered property of the estate in this case; automatic stay doesn't apply
Debtor filed this adversary proceeding to discharge federal & state tax liabilities. Taxes for which debtor did not file a return are non-dischargeable as a matter of law; the decision contains an extensive discussion of what constitutes a tax return
Former creditor filed adversary proceeding seeking turnover of debtor's patent interests as property of the estate. A non-creditor does not have standing to bring an adversary proceeding. A creditor or other interested party may do so, with permission.
Deed of trust that was security for a stated debt of $1,100 rather than the full debt of $11,000 was the result of mutual mistake and could be reformed under Nebraska law to reflect the parties' intent
Contractor, although an innocent party, had no equitable lien on funds held by the project lender after the project owner defaulted, because there was no legal basis for giving a construction lien claimant priority over the holder of first mortgage
The district court found the debtors' appeal of an order overruling their objection to trustee's motion to sell to be moot because, in the interim, debtors converted their case from Chapter 7 to Chapter 11, which terminated the trustee's authority
Debtor owned undivided half interest in farm as tenant-in-common with her sister. Debtors wanted to sell the land to fund their plan. They didn't plead section 363(h), so couldn't sell sister's half of the farm, but could pursue partition in state court