Unless the debtors obtain relief from the trustee or the court, their tax return must be on file with the IRS and delivered to the trustee prior to the first meeting of creditors. Failure to comply will result in dismissal or conversion of their case.
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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.
Use of the term "general intangibles" in the parties' security agreements & UCC financing statements was sufficient under Nebraska UCC to create & perfect creditor's lien on debtor's patent. A specific description of the patent was not necessary.
U.S. Trustee's motion to dismiss under § 707(b)(3) is granted because debtor appears able to make substantial payments to creditors through a Chapter 13 plan. Debtor's annual bonus should be included in income because he has received it each year.
Debtor's pre-petition state court conviction for issuing bad checks satisfied the elements of § 523(a)(2)(A) regarding non-dischargeability for fraud. He was collaterally estopped from contesting his liability on the checks in this court.
The court granted an objection to the claim of the debtor's former spouse. That claim, for amounts the former spouse may have to pay on marital obligations assigned to debtor as part of a property settlement, was unsecured, unmatured, and contingent.
A hold-harmless clause regarding payment of certain debts by one spouse in a dissolution of marriage decree is not a judgment for the non-debtor spouse. It therefore does not attach to the debtor's real estate, and is only an unsecured contingent claim
For secured claims under § 1325(a)(9)'s "hanging paragraph" that are to be paid in full in installments over a period of years, the appropriate rate of interest continues to be the Till rate, rather than the contract rate. BAPCPA did not change this.
For secured claims under the "hanging paragraph" of 1325(a)(9) that are to be paid in full in installments over a period of years, the appropriate rate of interest continues to be the Till rate, rather than the contract rate. BAPCPA did not change this
The court granted leave to debtor to file an amended complaint, which should take into account a release of certain claims executed by the parties. The amended complaint should also clarify the defendants involved and whether there is a jury demand.
An unperfected lien in a motor vehicle is avoidable by the Chapter 7 trustee and is preserved for the benefit of the estate. The debtors cannot use the amount of the avoided lien to increase their exemptions over and above their equity in the vehicle.