In a valuation dispute between the debtors and the lienholder on their auto, the court said the debtors are obligated to keep the vehicle in good repair and should not be permitted to benefit from a reduction in value attributable to unrepaired damage.
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 mortgage company did not have a right to be awarded miscellaneous costs and fees, such as inspection fees and late charges, as part of its motion for relief concerning delinquent payments unless it had submitted evidence in support of those charges.
Reported at 325 B.R. 842. Child support is property of the estate. Debtor was permitted to exempt tax refunds. Debtors and counsel should make sure schedules as filed contain complete, accurate information upon which trustee and creditors can rely.
The debt owed to a surety which issued two performance bonds to the debtor's construction business was excepted from discharge under § 523(a)(2)(A) because the debtor forged his brother-in-law's signature on the required indemnity agreements.
Under Nebraska law, the trustee could not assume an executory title insurance contract for which debtor was an underwriting and processing agent. The other party to the contract therefore had a claim against the bankruptcy estate for the rejection.
"Cause" existed for appointing a trustee under § 1104(a)(1) when there was clear evidence of debtor's dishonesty, as well as mismanagement in not filing tax returns for four years. The debtor did not appear to be acting in the creditors' best interest.
The parties' divorce decree and property settlement agreement obligated the debtor to pay half of the daycare expenses. Those expenses were therefore in the nature of support and were entitled to priority claim status for plan payment purposes.
Under § 522(f), the debtors could avoid the portion of the lender's lien on their vehicle that impaired their exemptions in the vehicle. Under Rule 4003(d), the matter was properly brought by motion rather than as an adversary proceeding
The Chapter 7 trustee, in selling debtor's interest in a limited partnership, is bound by the terms of the partnership agreement and must comply with the agreement's procedures even if those procedures benefit the partnership more than the estate.
The court denied debtors' motion to assume an unexpired lease of farmland. The debtors were in default on the lease because they had not paid any rent for the year, and they lacked the ability to cure the default and offer adequate assurance to the owner.