Incarceration does not constitute an abandonment of a homestead. Moreover, under Nebraska statute, the debtor may claim a homestead exemption in the proceeds of the foreclosure sale of the house any time during the six months following the sale.
You are here
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.
Plaintiff leased equipment to a third party, which sold it to debtor. Debtor was unaware of the lease and claimed the equipment as property of the estate. Plaintiff filed this adversary proceeding seeking turnover, relying on UCC 2A-305
Plaintiff leased equipment to third party, which sold it to debtor. Debtor, unaware of the lease, claimed ownership. Because debtor didn't obtain a title certificate at purchase, UCC § 2A-305(3) rendered plaintiff's interest superior to debtor's.
Court granted motion for summary judgment saying the debtor transferred all the assets to wife and took all the debts in the marriage settlement, three months before filing for bankruptcy, which made the transfers fraudulent and avoidable.
The debtor obtained money and property by intentionally and fraudulently inducing the plaintiff to relinquish her rights in a vehicle. Moreover, his schedules were inaccurate and his § 341 testimony lacked credibility, so discharge was denied.
Ch. 13 plan was not confirmed because debtor failed to carry his burden of proving that the plan was filed in good faith. It also is unclear whether debtor has disclosed all his assets. Case will be dismissed unless satisfactory amended plan is filed
Creditor's counsel refused to return garnishment checks received after notice of debtor's bankruptcy to debtor directly, instead forwarding garnished funds to the Chapter 13 trustee. Court finds creditor's policy violates the automatic stay.
After trial, the court allowed the plaintiff to amend its complaint to conform to the evidence. As to the lien priorities between the parties, the bank's prior perfected lien in crop proceeds had priority over the input supplier's statutory liens.
The widowed debtor was entitled to claim a homestead exemption because the exemption for married persons survives death. She could not claim an exemption in her car as a tool of the trade because she was retired and did not use the car to commute to work.
Objection to homestead exemption denied, as the exemption for married persons survives death and because "head of a family" definition in Neb. Rev. Stat. section 40-115 applies to widowed persons