Debtor had no intent to repay credit card charges as he incurred them, but credit union reasonably relied on debtor's implied false representation of intent to repay, so debt is not dischargeable
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(1) In determining whether a judicial lien may be avoided under section 522(f), hypothetical costs of sale may not be deducted from the debtor's equity in the property. (2) Only the portion of the lien that actually impairs the exemption may be avoided
Published at 240 B.R. 22. Although the debtor's interest in an employer-provided deferred compensation plan may not be property of the estate under section 541(c)(2), her income from the plan should be included in the calculation of disposable income pursuant to sec. 1325(b).
Although venue of the bankruptcy case was proper in both Nebraska & Oklahoma, venue should be transferred to Okla., as that is where the primary asset, business operations, and majority of creditors and witnesses are located
Upon divorce, debtor was assigned responsibility for certain marital credit card debt. Under 11 U.S.C. section 523(a)(15), that debt is not dischargeable
Repayment of student loans would be an undue hardship under the Andrews test because debtor's income is stagnant, her soon-to-be-ex-husband pays no child support, and she depends on family members for day-to-day living expenses
Affirmed at 247 B.R. 453 (B.A.P. 8th Cir. 2000) and 262 F.3d 725 (8th Cir. 2001). The city had the right to terminate its contract with the debtor for operation of a keno lottery, but the city breached the contract by withholding funds it wasn't entitled
The debtor's share of marital debt assigned to him in divorce was not dischargeable, pursuant to 11 U.S.C. section 523(a)(15)
Secured party's UCC continuation statement, even though partially incomplete, was sufficient to provide notice of the claimed security interest. Because it substantially complied with Neb. UCC 9-402, it "re-perfected" creditor's lapsed financing statement
Debtor must complete all plan payments before lender is required to release its lien on its collateral