Debtor was deemed to have notice of the homeowners' association's covenants because they were recorded before her deed. The association's lien filing for dues owed was valid for the 2008 dues, but did not serve as a continuing lien for subsequent years.
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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.
The court overruled debtor's objection to her lender's claim, finding that she had no standing to challenge the bank's lending practices, nor was there any legal authority supporting her efforts to nullify her contractual obligation to pay the note.
The court disallowed a claim that was based on two promissory notes signed by the debtor in 1997. The statutory five-year limitations period of Neb. Rev. Stat. § 25-205 had expired with no action brought and no payments made, so collection was barred.
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.
The court clarified prior orders in this matter and ruled that a refinanced but not reaffirmed obligation was unenforceable against debtor. Whether the discharge can be used as an affirmative defense to a collection action was up to the state court.
The debtor's unemployment insurance taxes, incurred pre-petition but due post-petition, are not an administrative expense. Because the return was "last due after three years before" the petition date, it is an eighth-priority unsecured claim.
The term "immediate personal possessions" is not well-defined in Nebraska exemption law. While it includes certain sentimental articles, it does not cover property that is more appropriately scheduled under another category of exemptions.
The court granted the debtor's objection to the claim of an entity which contracted to sell its products. The debtor terminated the contract, but owed no damages. "Ramp up" costs weren't recoverable, and the creditor couldn't prove lost commissions.
Because the purchase money lender's lien was not on the title certificate, the security interest was unperfected & subordinate to the trustee's hypothetical lien. Likewise, the lender's interest in accessions to the vehicle was also unperfected.