Repayment of student loans would be an undue hardship under the Andrews test because debtor's income is stagnant, her soon-to-be-ex-husband pays no child support, and she depends on family members for day-to-day living expenses
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Affirmed at 247 B.R. 453 (B.A.P. 8th Cir. 2000) and 262 F.3d 725 (8th Cir. 2001). The city had the right to terminate its contract with the debtor for operation of a keno lottery, but the city breached the contract by withholding funds it wasn't entitled
The debtor's share of marital debt assigned to him in divorce was not dischargeable, pursuant to 11 U.S.C. section 523(a)(15)
Secured party's UCC continuation statement, even though partially incomplete, was sufficient to provide notice of the claimed security interest. Because it substantially complied with Neb. UCC 9-402, it "re-perfected" creditor's lapsed financing statement
Debtor must complete all plan payments before lender is required to release its lien on its collateral
The court analyzed the "good faith" of debtor's proposed Chapter 13 plan under the factors in Estus, 695 F.2d 311 (8th Cir. 1982), and Zellner, 827 F.2d 122 (8th Cir. 1987), and concluded that, with a few modifications, an amended plan could be confirmed
Diamond ring is not exempt as "wearing apparel" but can be exempt as an "immediate personal possession." The portion of a tax refund attributable to pre-petition earnings is property of the estate
Debtor was allowed to reconvert to Ch. 13. Lender would otherwise reap a windfall by collecting from co-signers due to debtor's misunderstanding in converting to Ch. 7. Reconverting would put parties back in the positions they occupied at confirmation
Code doesn't provide for post-confirmation changes in creditors' lien status, even if oversecured. Debtors were entitled to discharge because they'd made all payments to unsecured creditors required under plan
Judgment creditor had to turn over garnishment funds it received post-petition because the funds were property of the estate. The creditor was not protected by the "safe harbor" of section 542(c) because creditor wasn't a transferor