Homestead exemption allowed for debtor who moved into his parents' home to care for his father; and who inherited house after his father passed away. The debtor became head of household when he took over primary responsibility for his father's care.
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After the creditor's deed of trust lien was avoided, the debtor attempted to claim a homestead exemption in the value. It was denied because the avoided lien inured to the benefit of the estate, not the debtor. She could claim the exemption in her equity.
The debtor treated the parties' escrowed funds as its own, using them as general operating assets. When the funds were paid to the claimant two days before the petition date, the funds had lost their escrow identity, so the transfer was preferential.
The court declined to extend the homestead exemption to a pick-up truck and fifth-wheel trailer. While a trailer home may qualify, it must be permanently affixed to real estate. The pick-up truck would not qualify under the homestead statute.
Incarceration does not constitute an abandonment of a homestead. Moreover, under Nebraska statute, the debtor may claim a homestead exemption in the proceeds of the foreclosure sale of the house any time during the six months following the sale.
Plaintiff leased equipment to a third party, which sold it to debtor. Debtor was unaware of the lease and claimed the equipment as property of the estate. Plaintiff filed this adversary proceeding seeking turnover, relying on UCC 2A-305
Plaintiff leased equipment to third party, which sold it to debtor. Debtor, unaware of the lease, claimed ownership. Because debtor didn't obtain a title certificate at purchase, UCC § 2A-305(3) rendered plaintiff's interest superior to debtor's.
Court granted motion for summary judgment saying the debtor transferred all the assets to wife and took all the debts in the marriage settlement, three months before filing for bankruptcy, which made the transfers fraudulent and avoidable.
The debtor obtained money and property by intentionally and fraudulently inducing the plaintiff to relinquish her rights in a vehicle. Moreover, his schedules were inaccurate and his § 341 testimony lacked credibility, so discharge was denied.
Ch. 13 plan was not confirmed because debtor failed to carry his burden of proving that the plan was filed in good faith. It also is unclear whether debtor has disclosed all his assets. Case will be dismissed unless satisfactory amended plan is filed