The court overruled an objection to plan confirmation filed by the debtor’s former husband because the debt at issue, which arose from the distribution of assets and liabilities at the dissolution of the parties’ marriage, was not a non-dischargeable domestic support obligation. Rather, it “is simply a contract between the debtor and her former husband with regard to a property settlement agreement incorporated into the Dissolution of Marriage Decree. It is not in the nature of support, but is the type of debt dealt with by 11 U.S.C. § 523(a)(15) which is dischargeable in a Chapter 13 case, assuming the debtor obtains confirmation of a Chapter 13 plan and completes payments under such plan.”
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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.
A lien arising from a judgment against both debtors was avoided because it impaired their homestead exemption. Nebraska statutes permit a homestead to be selected from the wife's property interest, so the debtors could jointly assert the exemption.
A landlord is entitled to an administrative expense claim for the trustee's use of the property to store items, even post-rejection. The costs of readying the premises to re-let are normal breach of contract damages, not administrative expenses.
Reported at 385 B.R. 709. Debtor may not renounce and disclaim an inheritance to which she became entitled post-petition because it is property of the bankruptcy estate under § 541(a)(5)(A) and must be preserved for the unsecured creditors' benefit.
The court deferred a motion for relief from stay by a vehicle financing company pending a ruling on debtor's application for an award of Social Security disability benefits. An equity cushion in the collateral protected the creditor during the delay.
The court denied the prevailing plaintiff's request for attorney fees because the non-dischargeable debt was for the tort of receiving money under false pretenses. Attorney fees aren't authorized under § 523(a)(2) absent a contractual provision.
An unmarried debtor with no children could claim a homestead exemption as head of a family because he had lived in the house with his mother pre-petition, providing care and support for her, although she no longer resided there on the petition date.
Summary judgment was denied on the dischargeability of the debtor's student loan. Additional evidence on the debtor's financial resources and living expenses was necessary before the court could determine whether undue hardship would occur.
In claims litigation, the court permitted, in limited scope, the pro se debtor's attempts to obtain discovery from two banks and a surety company, to the extent the documents requested were readily available and relatively easy to produce.
Business-related lease payments due from debtors, when calculated pursuant to § 502(b)(6)(A), are less than the debtors' consumer debts. Because they have "primarily consumer debts," they are subject to the means-testing provisions of § 707(b).