Plaintiff's investment in preferred stock of the debtor, purportedly secured by a deed of trust, is not a lien pursuant to section 101(37) of the Bankruptcy Code, and the claim based on that investment should be equitably subordinated under section 510(c).
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.
Debtor can disclaim his rights as beneficiary of his ex-wife's life insurance under Nebraska law. If properly disclaimed, the insurance proceeds do not become his property at all, and therefore cannot be considered property of the bankruptcy estate
After a trial, the court found part of the debt owed to be excepted from discharge under 11 U.S.C. § 523(a)(4) and (a)(6) because of findings of conversion, embezzlement, and defalcation by a fiduciary. There was insufficient evidence to deny discharge under § 727(a)(2).
*THE HOLDING OF THIS CASE HAS BEEN ABROGATED BY THE RULING IN LAW v. STOVER (IN RE LAW), 336 B.R. 780 (B.A.P. 8th Cir. 2006) (income tax refunds received post-petition are property of the estate).*
Published at 314 B.R. 433. Refundable portion of federal child tax credit is not property of the bankruptcy estate.
Exemptions are determined as of the petition date, so a state statute regarding exemption of earned income credits, which took effect post-petition, does not apply to this debtor's exemptions as the legislature did not make the statute retroactive
Abstention under 28 U.S.C. section 1334(c) was appropriate. This is not a core proceeding, the sole issue in the lawsuit is one of interpretation of a state statute, and the case could not have been brought in federal court but for this bankruptcy case.
Testamentary trust created by debtor's mother constitutes a spendthrift trust because it's unclear from trust language whether debtor has an "ownership equivalent" in trust property. Debtor's interest in trust assets therefore isn't property of the estate.
11 U.S.C. s. 521(2)(A) requires a Ch. 7 debtor to file a statement of intent for collateral securing consumer debts. The debtor can't simply continue to make payments under the terms of the note; he must redeem, reaffirm, surrender or exempt the property
The court allowed the parties to go forward with state court litigation concerning the debtors' liability on a debt. If the creditor obtained a judgment in that action, then the parties could recommence a non-dischargeability adversary proceeding.
Debtors' attempt to void judgment lien on real property is denied because the Supreme Court case of Dewsnup v. Timm prohibits using section 506(d) for lien-stripping purposes. The claims allowance process required for 506(d) doesn't occur in a no-asset 7.