Published at 302 B.R. 650. The debtors' student loans were not discharged. Household expenses could be reduced and income could be increased to provide funds to pay toward the wife's student loans. In addition, the husband hadn't exhausted administrative remedies as to his loan.
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Keith Pawlusiak v. Sandra Pawlusiak (In re Sandra Pawlusiak), Ch. 7, A03-8049, BK03-80540 11/21/2003
Evidence didn't support plaintiff's allegations of fraud, so the objection to discharge under various subsections of section 727(a) was denied
Reported at 301 B.R. 888. The Rooker-Feldman jurisdictional doctrine prohibits the bankruptcy court from reviewing in an appellate capacity the state court judgment concerning the division of marital property on which the defendant's lien is based.
Nebr. Trust Deeds Act (section 76-1010) requires delivery of the deed "forthwith", meaning "within a reasonable time under the circumstances." An intervening bankruptcy can stay delivery, but dismissal of the case doesn't require renoticing of the sale.
The court granted an administrative expense claim to vehicle lessor for balance due on lease after debtors assumed the lease, then defaulted on it and gave up the car.
Debt to corporation and other shareholders is non-dischargeable under section 523(a)(4) because debtors breached fiduciary duty and misappropriated corp. assets. Also non-dischargeable under section 523(a)(6), as debtors acted with intent to cause injury
Under U.C.C. and Nebraska Effective Financing Statement law, the debtor feedlot's lender held superior lien rights to corn and cattle in debtor's possession but in which plaintiff claimed an ownership interest.
A debtor's income tax refunds are not "earnings" and cannot be exempted under the Nebraska garnishment statute
Student loans are non-dischargeable because their repayment would not impose a hardship on the debtor. He is able-bodied, intelligent, single, and eligible for the Wm. D. Ford loan consolidation program.
Debtor's motion to file a priority tax claim on behalf of the IRS is denied. Unlike Chapters 7 and 11, there is no bifurcated tax year in Chapter 13. The creditor must file a claim under Section 1305 before Sections 502(i) or 507(a)(8) become applicable