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.
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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 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.
Because a court is in the best position to interpret its own orders, the court determined, over creditors' objections, that the trustee was distributing the proceeds of the sale of the debtors' assets in accordance with the parties' stipulation.
The court ruled that the non-debtor spouse could liquidate jointly held shares of stock and take control of her one-half interest in the proceeds, with the debtor's share remaining in an account pending the outcome of the trustee's avoidance action.
The court denied the debtor's motion to dismiss and ruled that an avoidance action filed by the Chapter 7 trustee on the second anniversary of the petition date was timely filed pursuant to § 546(a)(1)(A).