Reported at 22 B.R. 696. The court interpreted the Nebraska annuity exemption statute, Neb. Rev. Stat. section 44-371 as amended in 1980, to permit the exemption of a maximum amount of $5,000 worth of annuity policies, not $5,000 in each policy
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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.
The creditor's lien was subordinate to the rights of the trustee under sec. 544(a) because the creditor improperly perfected its security interest by filing it in the wrong county. Therefore, the trustee could sell the assets free and clear of liens
The parties disputed the amount due to the debtor on a contract to raze a building and construct a new one. The evidence was insufficient to support the debtor-plaintiff's contention regarding the amount the defendant was to pay for the project
Reported at 22 B.R. 689. Creditor objected to plan confirmation based on its secured status. The objection was overruled because creditor's lien was not noted on the vehicle's title and therefore the claim was unsecured at best
Debtor-landlord's actions in taking steps to evict plaintiff tenant were taken in accordance with state law and did not violate the tenant's rights. Any damages that resulted from the eviction would not rise to the level of non-dischargeable debt
Secured creditor showed sufficient cause under section 1112(b) to convert this Chapter 11 case to Chapter 7 due to the continuing loss and diminution of the estate by its officers & directors to the extent that reorganization of the debtor was unlikely
As part of the parties' divorce proceedings, they entered into an agreed-upon division of debts and assets. The husband's portion of that debt was dischargeable in bankruptcy because it was not in the nature of alimony, maintenance, or support
The court found, after considering the circumstances, that an $18,000 judgment in ex-wife's favor in connection with the parties' divorce was a property settlement and not a debt in the nature of support. It therefore was dischargeable
Creditor's complaint to determine dischargeability was filed late. Because there had been no motion to extend time before the deadline passed, nor any showing of excusable neglect, the court had no authority to retroactively approve the late filing
Reported at 22 B.R. 608. Pursuant to state law, debtor had a right to obtain possession of his pawned goods for 4 months thereafter. That right was a sufficient legal/equitable interest to be property of the estate, & selling the goods violated the stay