The court approved the trustee's settlement with a creditor, over the debtor's objection, because the amount of the creditor's claim had yet to be determined and because the debtor had been benefitting from assets that were property of the estate.
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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 Chapter 13 debtor had no standing to attempt to avoid a lien on her car. The bank's notation of lien release on the certificate of title was simply a mistake. The lien was not released and the bank retained a perfected security interest in the vehicle.
Counsel's fees and expenses, although allowed, may not be paid from an objecting creditor's cash collateral unless the secured creditor is adequately protected.
Debtor's Chapter 11 plan was not confirmed because the debtor didn't prove it could generate enough income to make payments and because the debtor's managers breached their fiduciary duty to the estate by unfairly diverting business from the debtor.
An unmarried debtor could not claim a homestead exemption as head of household on the basis of her disabled adult brother's occasional residence with her. A temporary living arrangement does not create the basis for a homestead exemption.
Debtor falsely represented to the bank that her company needed to use funds from a line of credit to buy equipment. She deposited the money into her personal account and used it for other expenses. The debt was non-dischargeable under § 523(a)(2)(A).
The value of a homestead exemption should be subtracted from the debtor's equity in the real property, so when the exemption exceeds his equity, a judicial lien against the property would impair the exemption and may be fully avoided under § 522(f).
Reported at 379 B.R. 908. For means test purposes, an above-median debtor who proposes a five-year plan and who is repaying a 401(k) loan through monthly payroll deductions may not continue to deduct the monthly payment amount after the loan is repaid.
The debtor could not claim a state-law exemption in "compensation paid or payable by an employer to an employee for personal services" because the nature and status of the debtor's work was as an independent contractor, rather than as an employee.
The debtor has a contractual obligation to keep his vehicle in good condition and he should not get the benefit of the cost to repair damage beyond ordinary wear and tear when attempting to cram down the interest of the creditor in his Chapter 13 plan.