The court granted a protective order for the deposition of an out-of-state defendant in an action to recover an account receivable. The defendant’s counterclaim did not alter the general rule that defendants should be deposed in their home states.
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The court liberally construed the Nebraska exemption statutes and found that a debtor may claim a tool of the trade exemption in a vehicle, even if the debtor is unemployed on the petition date, as long as the debtor can show intent to begin working again.
The court denied defendant’s motion to dismiss for failure to state a claim and lack of subject matter jurisdiction. The complaint alleged sufficient grounds for relief, and the plaintiffs’ claims were not objected to, so the court has jurisdiction.
The court dismissed debtor’s claims under the state Wage Payment & Collection Act for lack of subject matter jurisdiction. Debtor could go forward on the remaining claim of violation of the discharge injunction because recoupment is a factual issue.
The court granted the trustee’s request to employ special counsel to recover property of the estate, finding little likelihood that counsel’s representation of creditors in the case would create a conflict of interest in its limited role for the trustee.
The court granted debtors’ motion for summary judgment on the creditors’ § 523(a)(2)(A) complaint. Although the debtors’ business closed after accepting the creditors’ down payment for a pool, there was no evidence of fraud or misrepresentation.
After trial, the court found that counsel’s erroneous affidavits and inaccurate statements in attempts to collect a discharged debt were “serious mistakes” and violated the discharge injunction, but were not in the nature of contempt of court.
After additional evidence from the debtors, the court granted a motion to avoid a junior lien on their home. Eighth Circuit case law, interpreting Nobelman, permits wholly unsecured liens to be stripped off upon completion of Chapter 13 plan payments.
The court deferred ruling on the final fee application of counsel for the debtor, and objection by the personal injury creditors, pending the submission of additional information to reconcile and clarify some of the charges on the billing statements.
An unsecured junior lien on the debtor’s residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The case law in the Eighth Circuit, interpreting Nobelman, permits wholly unsecured liens to be stripped off.