Four co-borrowers signed promissory note. One received a bankruptcy discharge, so he can't be forced to contribute. The obligation on the note should be divided three ways
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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-homebuilder's failure to complete construction for the plantiffs did not constitute non-dischargeable debt under sections 523(a)(2), 523(a)(4), or 523(a)(6)
Published at 210 B.R. 344. A lump-sum payment owed by debtor to his former wife as part of a property settlement in connection with their divorce was not dischargeable. Under sec. 523(a)(15), the debtor was able to pay it and the balancing of detriment and benefit was about equal.
Plaintiff's dischargeability complaint was filed late. Rules 4007(c) and 9006(b)(3) prohibit the court from enlarging the time limit after the deadline.
Entire amount of judgment lien can be avoided under section 522(f) because the value of the judicial lien + value of other liens + homestead exemption in the farm exceeds debtor's interest in the property
Deferred compensation plan provided by debtor's employer is property of the bankruptcy estate. It does not constitute a trust under section 541(c)(2)
Secured creditor repossessed debtors' vehicle pre-petition. Thereafter, the creditor refused to turn the vehicle over to the debtors, even after numerous requests. The secured creditor's actions amounted to a willful violation of the automatic stay
To prevail on a motion to intervene under Fed. R. Civ. P. 24(a)(2), movant must show a timely filed motion, a direct & substantial interest, potential impairment of that interest, and lack of adequate representation of that interest by existing parties
Motion for relief from stay under section 362(d) denied because collateral (hotel) was not declining in value and was necessary for effective reorganization.
A student loan obligation which was not in default on the petition date is a long-term debt that, under the language of section 1322(b)(5), may be treated differently and paid differently in a Chapter 13 plan than general unsecured debts