The debtors were not "family farmers" for purposes of Chapter 12 because they were not engaged in a farming operation when they filed for relief; by that time, they had sold their equipment, rented out all of their farmland, and taken off-the-farm jobs
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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.
The court ruled that debtor's educational loans should be discharged under § 523(a)(8)(B) because repayment would impose an undue hardship upon her and her family. Supporting four dependents on temporary income didn't provide funds for repayment
Debtors' conversion of non-exempt assets into exempt assets prior to filing Chapter 12 was not in bad faith or forbidden by the Code. However, unless the debtors intended to use some of those exempt assets to fund their plan, the court may find bad faith
Reported at 77 B.R. 716. The debtors’ conversion of non-exempt assets into exempt assets prior to filing Chapter 12 was not in bad faith or forbidden by the Code. However, unless the debtors intended to use some of those exempt assets to fund their plan, the court may find bad faith.
On appeal, the district court remanded the matter of a denial of a motion for stay relief. The motion had been denied because debtor moved to convert. However, the motion to convert was subsequently denied, which warranted revisiting the relief motion
The debtor provided written financial documents containing inaccurate and misleading information to his lender, which relied on them in making loans to him. As a result, his debt to the lender was found to be non-dischargeable under § 523(a)(2)(B)
Pre-petition, the debtor settled a personal injury claim with his former employer and received an annuity. He assigned his interest in the payments to his lender; the assignment removed the settlement proceeds from exempt status under Nebraska law
On appeal, the district court affirmed the bankruptcy court order determining the value of tracts of land owned by the debtor. The district court found no clear error in the bankruptcy court's decision based on "extensive factual and expert testimony"
On appeal, the district court affirmed the order approving the receiver's final report and granting a discharge. Debtor's attorney's objection that he was owed money for professional services was overruled because he hadn't filed a fee application
The Federal Rules of Bankruptcy Procedure didn't incorporate FRCP 4(j)'s time limit for service and, even though plaintiff failed to achieve timely service, the court was unwilling to prejudice the parties by using its discretion to dismiss the case