Published at 175 B.R. 732. Debtor conceded that her student loan was not dischargeable, so the only issue for the court was whether the loan continued to accrue interest post-petition. It does, and that interest is non-dischargeable as well.
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Based on the debtor's inability to make his Chapter 11 plan payments, which caused him to file this Chapter 12 case, and his likely inability to generate sufficient future revenue, the court does not believe his proposed Chapter 12 plan is feasible
Debtor's home was sold at deed of trust sale and the trustee's deed was recorded pre-petition. Debtor therefore had no legal or equitable interest in the house, the automatic stay did not apply, it was not part of the estate, and she couldn't redeem it
Examines the factors to be considered when determining whether debtor has the ability to pay debts from future income or whether "substantial abuse" exists for purposes of 11 U.S.C. section 707(b)
The vested portion of debtor's 401(k) account, in an amount sufficient to pay judgment owed to his former wife as part of their marital dissolution action, is not exempt under Neb. Rev. Stat. section 25-1563.01, as it isn't necessary for debtor's support
Cash cannot be exempted under Nebraska household goods exemption statute. The balance of a vehicle's value which exceeds the tool-of-the-trade exemption can be exempted under the in-lieu-of-homestead exemption
Debtor's assets were sold and generated a tax liability. The bankruptcy trustee had not properly abandoned the property, so the tax liability accrued to the estate, not to the debtor
Debtor made no representations regarding his ability or intent to pay when he incurred a debt to seller of floor coverings, so the creditor could not have relied on such a representation in extending credit & the debt is dischargeable under 523(a)(2)(A)
For a debtor who is no longer farming to claim certain farm equipment as exempt under Neb. Rev. Stat. section 25-1556(2), he must prove that he uses the equipment to support his family
Debtor's house was sold at tax sale pre-petition. She alleges the tax sale was a fraudulent transfer. The court ruled that her plan is confirmable because she accounts for payment of the buyer's claim regardless of the outcome of the adversary proceeding