Reported at 22 B.R. 36. The court granted a motion to dismiss the bankruptcy case filed by a creditor who challenged the debtor’s eligibility for Chapter 13 based on the amount of debt. The debtor argued that the amount of his debt to the creditor was in dispute and should be excluded from the computation of the total unsecured debt in determining eligibility. The court agreed with the creditor’s interpretation of § 109(e) and concluded that only contingent or unliquidated claims are to be excluded from the claims to be considered in determining eligibility for Chapter 13 and disputed claims are not excluded if they are noncontingent and liquidated, as here.
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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 court denied the fee application by debtor's counsel because it was filed late. Local rules required such fee applications to be filed prior to notice of the final meeting of creditors; counsel in this case had no explanation for the delay
Opinion from the district court which denies the debtor's motion to proceed with an interlocutory appeal of the bankruptcy court order denying the debtor's motion to dismiss himself from the bankruptcy case
Reported at 20 B.R. 453. "Transfer" of property, in the form of two mortgages to debtor wife's parents, occurred when the mortgages were given, not when they were recorded, so the transfer was outside the one-year window of section 727(a)(2)
Reported at 20 B.R. 446. Debtors' efforts to avoid the fixing of a lien – after discharge had been entered and after the creditor had replevined its collateral – were too late. They should have raised the issue as a defense to the replevin action
Plaintiff knowingly accepted an insufficient funds check from the debtor, which he ultimately was unable to make good. The court said that an insufficient funds check, by itself, was not a materially false statement in writing, so the debt was discharged
Debtor's amended Chapter 13 plan could not be confirmed because it lacked good faith under sec. 1325(a)(3). Debtor proposed to pay only 26.6% of his excess income into the plan, failing to devote "all or most" of his excess income to payment of creditors
Cash payments "in lieu of alimony" awarded to one spouse in divorce proceedings did not appear to actually be in the nature of alimony or support and were instead part of the division of marital property, and therefore were dischargeable in bankruptcy.
Court temporarily enjoined a state court contempt hearing against the debtor until the bankruptcy court could determine what effect the bankruptcy filing had on the state court's jurisdiction over the parties' marital dissolution proceeding
Reported at 19 B.R. 844. Nebraska debtors are entitled only to the exemptions available under Nebraska law. Therefore, only the husband as head-of-household can claim a homestead exemption, and the wife may claim an "in lieu of homestead" exemption