Debtor moved for turnover of garnished funds as subject to a child-support order and as exempt. The court found the garnishment to be superior to the support order, but ruled the debtor could avoid the lien on the exempt portion of the garnished funds
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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.
Court refused to confirm Chapter 12 debtors' second post-confirmation weather-related plan modification, suggesting that the debtors' inability to make payments indicates that the plan as proposed is not feasible and is unfair to creditors
Motion to dismiss confirmed Chapter 12 case is denied. Creditor alleges fraud and a material default by the debtor, but the evidence regarding allegedly missing equipment was insufficient to establish intentional misrepresentations or disposal of assets
Defendant subcontracted with debtor for a security system installation project. Work delays and disruptions, although caused by the project owner, were ultimately the responsibility of the defendant, so it was liable to debtor for the additional costs
The adversary proceeding was filed to determine the debtors' tax liability. Their taxable income results from their farming operation, corporate interests, investments, and commodities futures transactions, so the court separately analyzed each issue
Reported at 139 B.R. 919. GMAC’s perfected security interest lapsed when it filed a continuation statement in the wrong location. The U.C.C.’s filing requirements apply to security interests in titled and untitled vehicles in a dealer’s inventory.
Reported at 130 B.R. 312. The court held that the IRS was entitled to a priority claim for taxes for which a return was due more than three years before the petition date because debtor’s previous bankruptcies tolled the running of the limitation period.
Reported at 122 B.R. 376. Debtor transferred his business assets to his wife pre-petition. She assumed, and agreed to hold debtor harmless on, a debt on certain secured assets. The court ruled the transaction was not an attempt to defraud creditors.
Reported at 122 B.R. 730. The court found that the Nebraska legislature intended Individual Retirement Accounts (IRAs) to be categorized as a type of retirement plan that may be claimed as exempt from creditors under Neb. Rev. Stat. § 25-1563.
Reported at 117 B.R. 975. The debtor could claim an exemption in his pension plan. ERISA does not pre-empt the Nebraska statutes governing such exemptions because to do so would modify and impair provisions of the Bankruptcy Code and violate ERISA.