Debtor's employee had received statutory maximum $4,000 priority wage claim under 11 U.S.C. section 507(a)(3), but that doesn't preclude him from also making a claim under section 507(a)(4) for his 401(k) contribution.
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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.
The monetary limitation of § 507(a)(3) is not a limitation on a claim for employee benefits under § 507(a)(4), so an employee of the debtor could file a claim for a 401(k) contribution after the allowance of his statutory maximum priority wage claim.
Under Nebraska exemption statute which didn't expressly provide for a tool-of-the-trade exemption in vehicles, debtors couldn't exempt vehicles used for transportation to work, although debtor could exempt a truck that he used in his part-time employment
The IRS amended and substantially increased its claim for unpaid unemployment taxes six years after the claims bar date. The IRS offered no justification or excuse for the delay, so the court disallowed the amended claim as untimely filed.
IRS amended and substantially increased its claim for unemployment taxes six years after claims bar date. IRS offered no justification or excuse for the delay, so the amended claim was disallowed as untimely filed.
Holder of junior deed of trust had a lien on debtors' residence but no equity to secure its claim, so Supreme Court's Nobelman decision did not protect its rights from being modified pursuant to section 1322(b)(2), and its lien could be avoided.
A judgment creditor has an affirmative duty to stop a garnishment and obtain a release of garnished funds belonging to the debtor. Failure to do so is a violation of the automatic stay and is subject to sanctions
Time Warner filed a lawsuit against debtor in New York and obtained an injunction. Because Time Warner had not yet filed a claim in the bankruptcy case, the bankruptcy court, for lack of cause, denied its motion for relief from stay to pursue the New York litigation.
C.O.D. funds collected by UPS that are cash or cash equivalent may be set off against debt owed to UPS. However, C.O.D. funds in the form of checks payable to the debtor may not be set off and should be turned over to the debtor as property of the estate.
Vehicle lessor repossessed car after payment default by debtor, pre-petition. It refused to return the car after the bankruptcy case was filed. The court found that lessor's exercise of control over estate property willfully violated the automatic stay