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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.
After a trial, the court excepted from discharge a debt to the debtor’s former wife arising from her payment of a marital debt assigned to him in the parties’ divorce. She established that it was a non-support debt that fell within the ambit of § 523(a)(15), and the burden shifted to the debtor to prove that he did not have the ability to pay or that the benefit to him of a discharge would be greater than the detriment to his former wife. Financial records indicated the debtor could pay at least a nominal amount each month to his former wife. The former wife also demonstrated a significant detriment to herself – after turning over cash and collateral worth more than $3,500 on the joint debt the debtor was ordered to pay – while the debtor put forth little evidence of a significant benefit to himself if the debt were discharged or a material drop in his standard of living if the debt were not discharged.
The bank's property filed financing statements prefected its security interest in all of the debtors' livestock, including offspring of leased sows, and the perfected security interest was superior to American Leasing's interest in the animals.
Lien priority dispute regarding leased livestock. Discussion of U.C.C. and Effective Financing Statements.