The court denied the debtor's motion to reopen his Chapter 7 case to add a creditor and discharge the debt. The debtor's assets had been liquidated and distributed, and it was too late for the creditor to file a non-dischargeability proceeding.
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The debtor had an interest in stock shares given to him and his wife by his in-laws, so to the extent he transferred those interests to his wife within four years prior to filing bankruptcy, the transfers were avoidable by the trustee as fraudulent.
Under Nebraska law, the debtors could not exempt two annuities they had purchased within three years prior to bankruptcy . Also, they could not claim a tool of the trade exemption in their vehicle for commuting to work because they were unemployed.
The debtor's one-half share of an economic stimulus payment received by the debtor and his non-debtor spouse from the IRS under the Economic Stimulus Act of 2008 was property of the bankruptcy estate and subject to administration by the trustee.
The court denied a discharge to the debtor under § 727(a)(4)(A) because he completed his schedules with reckless indifference, with several omissions and misstatements, and did not promptly correct them after being made aware of the inaccuracies.
The court denied summary judgment on the issue of equitable subordination of the bank's claim because fact questions existed with regard to the bank's intent and whether it engaged in inequitable conduct in its lending relationship with the debtor.
An unsecured junior lien on debtor's residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The bankruptcy court's Sanders decision, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
The court denied summary judgment on the issue of equitable subordination of the bank's claim because fact questions existed with regard to the bank's intent and whether it engaged in inequitable conduct in its lending relationship with the debtor.
The court approved a four-month suspension of plan payments due to the ostensibly temporary layoff of one debtor, but warned that if she was not re-employed soon, the debtors should file a modified plan to deal with the reduction in net income.
An unsecured junior lien on debtor's residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The bankruptcy court's Sanders decision, interpreting Nobelman, permits wholly unsecured liens to be stripped off.