28-year-old debtor may not continue to contribute to his retirement fund at the expense of unsecured creditors. The money being put away for retirement is disposable income which should be paid through the plan pursuant to section 1325(b)(2)
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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.
Debtors may file a Ch. 12 case after final decree is entered in their Ch. 11. Stipulation entered into in Ch. 11 case isn't necessarily binding in their Ch. 12. Debtors didn't show likelihood of successful reorganization, so relief from stay was granted
Debtor's fourth bankruptcy case in seven years was dismissed for cause as having been filed in bad faith. The evidence indicates that the filing was solely to frustrate one creditor's collection efforts,while the total debt load continued to rise
Trustee sought to abandon property to debtor. Debtor objected because he didn't want the accompanying tax liability. Court ruled that abandonment wasn't taxable to estate, that the trustee could abandon only to debtor, & debtor was liable for the taxes.
Chapter 12 debtors suffered fire damage. Upon receiving a settlement, they spent some of the proceeds on items unnecessary under their confirmed plan. Court held that some of the money was disposable income to be distributed to unsecured creditors
Debtor's employment was terminated a few weeks after he filed his bankruptcy case. He sued the employer alleging a violation of 11 U.S.C. section 525(b), but was unable to establish that his termination was "solely" a result of his bankruptcy filing
The Chapter 12 trustee is responsible for the administration of the case. Plan payments must be made through the trustee, and the plan must run for the statutory time period
Debtor's student loan obligations were declared dischargeable under section 523(a)(8)(B) because repayment would create an undue hardship for him and his family. His physical disability precludes him from holding any gainful employment
Checks forged on debtor's account were deposited in Kansas bank and paid by debtor's Montana bank. Debtor sued the banks. The Kansas bank moved to dismiss, but the court denied that motion, finding that Kansas law permits a lawsuit for conversion
Because proper service was not made on the IRS, court did not have jurisdiction over it when ruling on debtors' motion to determine tax liability. Pre- and post-petittion interest & penalties are non-dischargeable and are debtors' personal responsibility