If a debtor wants to amend the listed fair market value of his scheduled exemptions, he should have a reasonable basis for and evidence of the new values
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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.
Divorce decree was ambiguous on issue of alimony, so bankruptcy court reviewed the circumstances & found the monetary award was intended to be a structured property distribution, not alimony, and therefore was dischargeable under section 523(a)(5)
Preference action to recover payments to suppliers. Discusses the necessary elements of the "earmarking doctrine", where a creditor loans funds to debtor to pay off other creditors. The court found the loaned funds to be property of the debtor
Preference action to recover insurance premium payment. The payment was preferential because the insurance co. received more than it would have in a Chap. 7 liquidation, but the payment was made in the ordinary course of business, so it was not avoidable.
Debtor moved, post-discharge, to convert his case from Chapter 7 to Chapter 13 to deal with IRS debt. The court ruled that a trial is necessary to determine debtor's eligibility for Chapter 13 and whether he is acting in good faith in converting the case
A trial is necessary to determine whether the debtor engaged in "side-dealing" to artificially impair a small claim in order to gain acceptance of the plan pursuant to 11 U.S.C. section 1129(a)(10) and cram down the claim of a large secured creditor
Debtor's attorney was likely to be called as a substantive witness at her non-dischargeability trial, so his continued representation of the debtor would violate professional ethical rules. He is disqualified from such representation in this proceeding
County did not receive notice of this case until after the claims bar date had passed, so its proof of claim for real and personal property taxes was filed late. Over objection, the claim is allowed under section 726(a)(1) and/or 726(a)(2)
Pre-petition loan from retirement plan is not a "debt" under Bankruptcy Code. Debtor may continue to repay the loan via payroll deductions if she pays unsecured creditors 100 % of their claims less the amount of the tax claim if the loan isn't repaid
Creditor received notice of conversion to Chapter 7 and claims bar date, but filed its proof of claim late. It therefore was subject to third priority treatment under section 726(a)(3). "Excusable neglect" does not apply in Chapter 7 cases