Appeals dismissed for lack of jurisdiction because bankruptcy court order was not a final order
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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.
IRS was entitled to interest on deferred payments on its claim, pursuant to Section 1129(a)(9)(C). The plan provision disallowing interest on tax claims dealt only with post-petition, pre-confirmation interest, and not with the issue of present value.
BAP opinion affirming decision that avoided fraudulent transfers and allowed trustee to recover fees for pursuing the action. Trustee's section 544(b) right is determined as of the petition date. Trustee may recover the entire fraudulent transfer
The court sustained the trustee's objection to a claimed exemption, ruling that an earned income tax credit is not analogous to state-administered aid to dependent children and therefore cannot be exempted under a Nebraska public assistance statute
Plaintiff did not prove elements of section 523(a)(2)(A) or section 727(a)(2), (3), or (5), so debt was discharged
Debt owed by business broker was excepted from discharge under sections 523(a)(4) and (6)
Individual Retirement Accounts (IRAs) are exempt under Neb. Rev. Stat. § 25-1563.01, unless the funds contained therein are not reasonably necessary for the support of the debtor and any dependent of the debtor.
Bankruptcy court's ruling that student loan debt was discharged was reversed as premature. Such a determination should be made near end of Ch. 13 plan, when debtor's future financial condition is more readily apparent. Aff'd 368 B.R. 846 (8th Cir. 2004)
Ruling deferred on dischargeability of debt under section 523(a)(15). More evidence as to debtor's economic and medical situation is necessary
Lender permitted to set off deposit account in which other creditors have an interest. Marshaling of assets not required because there are junior creditors on each fund, and senior and junior creditors would be prejudiced