Opinions

The District of Nebraska offers a database of opinions for the years 1997 to 2011, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.

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  • 01/28/2013
    Sheila A. Hatfield v. CitiFinancial, Inc. (In re Hatfield), Ch. 13, BK12-80440-TLS, A12-8068-TLS (Jan. 28, 2013) 01/28/2013

    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.

  • 01/23/2013
    Renee C. Reinsch, Ch. 13, BK12-80748-TLS (Jan. 23, 2013) 01/23/2013

    The court overruled a creditor’s objections to confirmation, ruling (1) the debtor’s gross monthly income was not understated, and even if it was, it still was less than she proposed to pay to unsecured creditors; (2) the debtor’s 20-year-old full-time out-of-state college student daughter was part of the household economic unit and should be included in household size when calculating expenses on the means test; (3) the debtor’s disposable income was properly calculated by using the standard expenses on the means test, so reference to her Schedule J expenses was unnecessary; and (4) the debtor could deduct the full amount of the child support she receives because the evidence indicates the full amount is “reasonably necessary to be expended” for the child.

  • 01/18/2013
    William H. White, Ch. 7, BK12-41855-TLS (Jan. 18, 2013) 01/18/2013

    The debtor, a widower whose home was destroyed by fire, was entitled to claim a homestead exemption in the insurance proceeds from the loss. The residence would have qualified as a homestead had it not burned, so the court extended the exemption rights to what remained of the insurance proceeds.

  • 01/15/2013
    Michael Blumenthal v. Jerry Cronk (In re M & M Mktg., LLC and Premier Fighter, LLC), invol. Ch. 7, BK09-81458-TJM, A11-8096-TJM (Jan. 15, 2013) 01/15/2013

    On the trustee’s complaint to recover allegedly fraudulent transfers made by the debtors in repaying investors in what essentially was a Ponzi scheme, the court denied summary judgment, allowing the transferees to put on evidence of their good faith as a defense under the Uniform Fraudulent Transfer Act.

  • 01/03/2013
    Sylvan Learning, Inc. v. Dianna L. Rich (In re Rich), Ch. 7, BK10-83701-TLS, A11-8073-TLS (Jan. 3, 2013) 01/03/2013

    The court granted summary judgment to the debtor in a revocation-of-discharge action brought by a creditor under § 727(a)(6). That section concerns the revocation of a discharge if a debtor refuses to obey a court order. In this case, the document at issue was a stipulation, not an order, so § 727(a)(6) was inapplicable. The plaintiff had standing to bring this action even though it wasn’t a party to the stipulation because § 727(c)(1) permits any creditor, trustee or U.S. Trustee to object to discharge.

  • 12/21/2012
    William Edward Julien, Ch. 11, BK10-82442-TLS (Dec. 21, 2012) 12/21/2012

    The fees and expenses approved for the counsel to the unsecured creditors’ committee were administrative claims to be paid on the effective date of the debtor’s plan. The debtor did not timely pay those claims, so committee counsel obtained a text order granting its motion for a final order awarding administrative fees and expenses that must be paid under the plan. Counsel then attempted to get a writ of execution on that “judgment.” The court ordered a status hearing, and determined that the applicable factors weighed heavily in favor of a stay of execution, in light of possible irreparable harm to the debtor, substantial harm to other creditors, and the existence of assets protecting the value of counsel’s interest pending payment.

  • 11/29/2012
    Deutsche Bank National Trust Co., as Trustee, v. Kurt D. & Tobi D. Hill and Evanston Ins. Co. (In re Hill), Ch. 13, BK10-43498-TJM, A12-4078-TJM (Nov. 29, 2012) 11/29/2012

    A judgment that purports to avoid the lien interest of the holder of the first deed of trust on the debtors’ residence is ineffective against the lienholder when the lienholder is not named as a party to the lawsuit. Even though the debtors thought the mortgage servicer, which they named as a defendant, held an interest in the property, they were aware of the original lender’s assignment to the current lienholder and should have provided an opportunity for it to protect its interest.

  • 11/29/2012
    Arlene Rae Dorsey v. GMAC Mortgage, LLC (In re Dorsey), Ch. 13, BK10-82467-TJM, A12-8045-TJM (Nov. 29, 2012) 11/29/2012

    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.

  • 11/21/2012
    Cynthia Hayes Shultz v. Monty Shultz (In re Cynthia Hayes Shultz), Ch. 13, BK12-40593-TLS, A12-4070-TLS (Nov. 21, 2012) 11/21/2012

    When the parties divorced, the court ordered the wife to pay $25,000 to the husband to equalize the division of the parties’ property. This debt is dischargeable in the wife’s Chapter 13 bankruptcy if she successfully completes her plan payments.

  • 11/08/2012
    Kimberly L. Hernandez, Ch. 13, BK12-40770-TJM (Nov. 8, 2012) 11/08/2012

    The court sustained the Nebraska Department of Health and Human Services’ objection to confirmation because the department’s claim is a domestic support obligation entitled to priority. The claim is for reimbursement of an overpayment of child support to the debtor for a child who was in foster care at the time, and under state law, the right to receive support payments was assigned to the department as reimbursement for the cost of care.

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