Debtor wife claimed in-lieu-of-homestead exemption in jointly held property. Creditor objected, arguing that only half of the property was exempt. Court permitted exemption, because joint tenant owns an undivided interest in the whole of the property
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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.
Summary judgment was denied on objection to discharge under 11 U.S.C. section 727(a)(3) and (a)(5) because a factual issue existed as to whether debtor's illness was a justification for his destruction of financial records
After an extensive discussion of the nature of "suspension of corporate powers" under California corporate law, the court determined that the corporate judgment-holder had standing to file claim, but a shareholder did not
Defendant proposed to bring third-party defendants into the case in the interest of judicial economy. The third-party complaint consisted of non-core proceedings which would have no effect on the bankruptcy estate, so bankruptcy court lacked jurisdiction
The court imposed sanctions against the debtor-plaintiff for failing to properly comply with discovery requirements under Federal Rule of Civil Procedure 26(a)
A Chapter 12 plan should employ a standard (as opposed to a negative) amortization schedule, unless the plan clearly specifies otherwise. Amortization means reduction of debt by regular payments, but does not require the payments to be equal
Tax liens securing non-dischargeable tax debts remain valid and enforceable against pre- and post-petition property; tax liens securing dischargeable debts are enforceable against pre-petition property but do not attach to property acquired post-petition
The court found that the automatic stay applies to protect a bankruptcy trustee from a levy by a party attempting to obtain property from the estate. Also discusses the elements necessary for a temporary restraining order to issue
This opinion discusses the appropriateness of an enhanced fee for special litigation counsel, based on findings under 11 U.S.C. section 330(a) and whether the lodestar amount should be adjusted upward for exceptional service and superior results
Opinion deals with trustee's reluctance to challenge a claim, believing that Eighth Circuit precedent in this case precludes him from objecting to the claim. The opinion discusses the differences between claims litigation and discharge objections