The court denied the trustee's motion for summary judgment on claims concerning preferential transfers. There was a question as to the insider status of one of the defendant transferees, as well as issues of affirmative defenses under § 547(c).
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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 debtor could not strip off the junior lien on her home because the record indicated there was sufficient equity in the property to secure a portion of that lien. The debtor did not submit any evidence, so the court relied on the bankruptcy schedules.
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 dismissed the debtor's case because the amount of noncontingent, liquidated, unsecured debt exceeded the Chapter 13 debt limit in § 109(e). Debtor's assertion of claims against the creditor did not change the liquidated nature of the debt.
The court granted a lender's motion for relief from stay after finding bad faith on the part of the debtor. The debtor had insufficient income to support herself, a tenuous grasp of her financial situation, and little ability to restructure her debt.
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.
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.