Debtor's prior Ch. 13 case was dismissed for plan payment default and failure to file an amended plan. The circumstances do not indicate a "willful failure" to abide by court orders, so the filing of the second case did not violate section 109 (g)(1)
You are here
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.
A joint debt assumed by debtor when the parties divorced was dischargeable in bankruptcy. His default on the debt did not rujn afoul of 11 U.S.C. section 523(a)(4), nor was it willful or malicious under 523(a)(6)
An interest in a limited partnership owned by a non-debtor company but listed as an asset of the debtor was not property of the bankruptcy estate and could not be used to pay the debtor's creditors
Debtor sold property for bank pre-petition but failed to turn over proceeds, instead paying its own creditors. Trustee filed avoidance/preference actions against those creditors. As between bank and trustee, court held the recovered funds belong to bank
Reported at 179 B.R. 646. The court ruled that the debtor's tax liability was dischargeable under 11 U.S.C. section 523(a) (1) (B) (i) because he had signed and delivered to the IRS a document "equivalent to" a tax return for the tax years in question.
The "necessity of payment rule," allowing payment of certain prepetition debt, is not authorized for cases other than railroad reorganizations. The court is reluctant to permit debtors to discriminate against some prepetition creditors in favor of others
Reported at 177 B.R. 319. Attorneys who want their clients to reaffirm pre-petition legal fee installment agreements must request a hearing pursuant to 11 U.S.C. § 524(c)(6) and (d) to confirm that the debtors are fully informed of their rights.
The rights of a creditor whose claim is secured only by a security interest in real property which is the debtor's principal residence cannot be modified by the terms of a proposed plan, pursuant to 11 U.S.C. section 1322(b)(2)
Dismissal of a bankruptcy case after the allowance of fees and expenses under 11 U.S.C. section 506(b) does not render the award of fees and expenses moot or unenforceable
Debtor's failure to inform court and creditors of post-petition rental income from inherited property and subsequent sale of the property did not cause plaintiff's debt to be excepted from discharge under section 523(a)(4) or (a)(6)