A trade union advanced funds to debtor for training. The loan became due when the debtor took a non-union job. Because debtor's household expenses exceeded income, repayment would be an undue hardship, so the loan is dischargeable under § 523(a)(8).
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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 should abstain from hearing, and remand, a lawsuit removed from state court by the debtor, because the lawsuit did not involve core proceedings but concerned only state law issues. Once liquidated, the claim may be dealt with in bankruptcy court
For purposes of Neb. Rev. Stat. § 40-102, a wife who jointly owns the family home with her husband and jointly files a bankruptcy petition with him is deemed to consent to the selection of a portion of the homestead exemption from her property.
An insurance premium finance company obtained relief from the stay for cause. Premium finance agreements are not covered by Revised U.C.C. Article 9, so a filed financing statement was not necessary to perfect the security interest in unearned premiums.
Because the non-dischargeability complaint mainly involved state law causes of action, the court abstained to allow the parties to liquidate the claim in state court, and would determine dischargeability after the state court judgment was entered.
There is no prohibition in the Bankruptcy Code against a Chapter 11 small-business debtor filing more than one plan, & no specific language in § 1121 or § 1129 mandating dismissal of the case if the first plan is withdrawn or fails to comply with Title 11
The court denied debtor's motion to reopen the case because the issue of whether a buyer at a trust deed sale had to pay the difference between his credit bid and the amount of the secured claim to the debtor or the second lien holder was a state law ques
A post-petition increase in the value of property of the bankruptcy estate belongs to the estate, so debtor was required to turn over the number of shares of stock he owned on the petition date for the trustee to administer at the stock's current value.
The debtor was entitled to summary judgment regarding a $17,000 construction lien against its property. The defendant did not provide evidence of its lien, which was an unsecured claim because the senior lien exceeded the value of the property.
The court denied the trustee's motion for summary judgment because the issue of whether the debtor or the trustee had the authority to exercise the right to accept or renounce a devise of real estate required findings beyond the scope of the motion.