Debtors were not allowed to increase their claimed exemption in stock to protect its value. They knew its real value, but undervalued it in their schedules. In addition, only one debtor could claim the exemption because the stock was not owned jointly
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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.
Debtor's inherited cash and land is property of the bankruptcy estate, but is not disposable income which could be made available to creditors
Case dismissed for improper venue. Opinion also discusses timeliness of motion to dismiss
Reported at 246 B.R. 895. Debtor-farmer's Corvette was not "held for use in the principal trade or business of the debtor" and therefore could not be exempted as a tool of the trade. The personal property exemption could be used for a portion of its value.
Motion to modify denied because all plan payments had been completed. Trial was necessary on "disposable income" issue before discharge could be granted
Debtor was co-guarantor on a bank loan. The bank could collect from debtor despite settling with the other guarantor & surrendering the promissory note. When the debt is fully paid, the co-guarantor's right to contribution from the debtor will mature
Fees of $50 per hour were appropriate for debtor's counsel in a case that converted from Chapter XI to straight bankruptcy. Debtors' counsel who are unsuccessful in formulating an arrangement aren't compensated as much as if an arrangement is confirmed
Husband was ordered to pay certain marital debts in the parties' divorce. Those debts were non-dischargeable under section 523(a)(15), as he had ability to pay them & discharge would be a greater detriment to the former wife than a benefit to the debtor
Court found that debtors did not intentionally present false financial information to plaintiff, or that plaintiff relied on it if they had. There also was no evidence that debtors willfully, intentionally or maliciously damaged plaintiff's collateral
Debtor is entitled to Nebraska homestead exemption because she maintains the residence as her home, although she works and lives in Colorado during the week