The court did not allow the debtors to claim an exemption in an earned income tax credit that was recovered by the Chapter 7 trustee after they used it to pay down a debt. Such property is potentially exempt unless it has been voluntarily transferred.
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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 sustained an objection to a Chapter 11 plan as to the appropriate valuation and treatment of stock purchased by debtor as part of a distribution agreement to sell the creditor's products. The set-off of promotional allowances was permitted.
A personal-injury claimant who had contacted the debtor's counsel about her claim both pre-petition and post-petition, and who was listed on the creditor matrix although she had not filed a proof of claim, was deemed to have made an informal claim.
The bankruptcy court ruled that it lacked subject-matter jurisdiction over a lawsuit between non-debtor parties concerning the defendants' guarantees of certain debt incurred by the debtor, so the case was sent to the federal district court.
At trial, the court found the testimony of the creditor's appraiser to be more reliable and adopted that figure as the value of the real property securing the creditor's claim. The debtors were directed to amend their plan to account for that finding.
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 denied the defendant's motion to dismiss the adversary. By failing to timely object, defendant waived his arguments regarding the validity of the extension of the avoidance action statute of limitations granted to the bankruptcy trustee.
The court denied the defendant's motion to dismiss the adversary. By failing to timely object, defendant waived his arguments regarding the validity of the extension of the avoidance action statute of limitations granted to the bankruptcy trustee.
A trial was needed on the trustee's motion for turnover of cash confiscated by police. The funds were subsequently lost or misplaced, so there was a question under Eighth Circuit law whether the police could turn over property they no longer possessed.
An unsecured judgment 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.