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
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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 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
Universal Card Services v. David Broderson (In re Broderson), A98-8057, BK98-80736, Ch. 7 04/22/1999
Discussing nondischargeability of credit card debt under 11 U.S.C. section 523(a)(2)(A). Plaintiff was unable to show that debtor had no intent to repay the debt, so the debt was discharged
Debtor rejected lease, so its failure to perform obligation to remove & dispose of gasoline storage tanks & equipment, and contamination, was a breach of the lease and treated as a pre-petition claim
In pre-petition divorce proceedings, the husband was ordered to pay his former spouse's attorney fees. Such fees are in the nature of support under 11 U.S.C. section 523(a)(5) and are not dischargeable in the husband's Chapter 7 bankruptcy case