Debtor may not reclassify a claim in a confirmed plan through a plan modification under section 1329, athough debtor may reduce amount of secured claim by the value of surrendered collateral under 1329(a)(3)
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.
Reported at 213 B.R. 156. The debtor's student loan "first became due" on the day following the expiration of the grace period, so the loan had become due more than five years before the petition date and was therefore dischargeable under § 523(a)(8).
A Texas court's default judgment which gave rise to the creditor's bankruptcy claim had a preclusive effect in the bankruptcy court. The doctrine of res judicata prevented the bankruptcy court from revisiting any of the issues decided in the judgment
Debtor's employee had received statutory maximum $4,000 priority wage claim under 11 U.S.C. section 507(a)(3), but that doesn't preclude him from also making a claim under section 507(a)(4) for his 401(k) contribution.
The monetary limitation of § 507(a)(3) is not a limitation on a claim for employee benefits under § 507(a)(4), so an employee of the debtor could file a claim for a 401(k) contribution after the allowance of his statutory maximum priority wage claim.
Under Nebraska exemption statute which didn't expressly provide for a tool-of-the-trade exemption in vehicles, debtors couldn't exempt vehicles used for transportation to work, although debtor could exempt a truck that he used in his part-time employment
The IRS amended and substantially increased its claim for unpaid unemployment taxes six years after the claims bar date. The IRS offered no justification or excuse for the delay, so the court disallowed the amended claim as untimely filed.
IRS amended and substantially increased its claim for unemployment taxes six years after claims bar date. IRS offered no justification or excuse for the delay, so the amended claim was disallowed as untimely filed.
Holder of junior deed of trust had a lien on debtors' residence but no equity to secure its claim, so Supreme Court's Nobelman decision did not protect its rights from being modified pursuant to section 1322(b)(2), and its lien could be avoided.
A judgment creditor has an affirmative duty to stop a garnishment and obtain a release of garnished funds belonging to the debtor. Failure to do so is a violation of the automatic stay and is subject to sanctions