Abstract: Under Brunner test, debtor failed to establish undue hardship for discharge of student loan debt under section 523(a)(8)(B)
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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.
Lender was not permitted to amend its non-dischargeability complaint to add a claim for relief under section 523(a)(2). The court ruled that the proposed amendment was untimely under Fed. R. Bankr. P. 4007(c) & did not relate back to original complaint
Trustee sought to recover real estate transferred to ex-mother-in-law for allegedly fraudulent purpose. However, trustee was unable to prove necessary elements of Nebraska Uniform Fraudulent Transfer Act
Post-petition, pre-confirmation payments to the Ch. 13 trustee from the debtors' personal-service income must be returned to the debtors upon conversion to Ch. 7, pursuant to sections 541(a)(6), 348(a), and 348(f)
Debtor who owns vehicle, but is not liable on note pursuant to divorce decree, is nevertheless a debtor to the secured party, and ex-spouse is protected by co-debtor stay. Because plan didn't propose to pay full claim, relief was granted against co-debtor
Published at 216 B.R. 628. Trustee filed disgorgement action to recover fees paid to debtor's prior counsel in Ch. 11 case. In denying defendants' motion to dismiss, the court discussed subject-matter jurisdiction, personal jurisdiction, minimum contacts, and failure to state a claim.
Debtor's proposed compromise agreement to pay all creditors after dismissal of her case was in essence a private reorganization plan which could not be approved because it exceeded the scope of Rule 9019 and the court lacked jurisdiction to enforce it
Shareholder/director's request for payment of his attorney fees by the debtor, incurred during negotiations for sale of a corporate asset, was denied for lack of subject matter jurisdiction. Opinion discusses abstention, "arising under" and "related to"
Published at 211 B.R. 696. Married debtors with no dependents qualified for homestead exemption even though only one of the parties resided on the premises because they were in the process of divorcing and they sold the property shortly after the petition date.
Debtor's obligations to former spouse under property settlement and divorce decree are not dischargeable under section 523(a)(15)