Reported at 19 B.R. 64. Debtor's student loans were not dischargeable because repayment would not cause her an undue hardship. She had no dependents, few expenses, little significant debt, and could find employment outside of her field of study
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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 distribution agreement between debtor & the defendant was an executory contract to be assumed or rejected by the trustee. On the petition date, neither side had received a contractual benefit & both sides had substantial future duties to perform
Reported at 18 B.R. 628. Lenders properly perfected their security interest by filing in the county of the corporation's last-known registered agent, because corporation failed to take the steps necessary to properly change their registered agent
Reported at 18 B.R. 633. For purposes of Chapter 13 plan confirmation, the appropriate interest rate on secured claims pursuant to sec. 1325(a)(5)(B)(ii) is the current market rate of interest on a similar type of loan at the time of confirmation
Reported at 18 B.R. 631. Vehicle had been titled in both Colorado and Nebraska, but creditor's lien wasn't noted on Nebraska title. Under UCC 9-103, creditor's secured status depends on whether vehicle was registered – not just titled – in Nebraska
Reported at 18 B.R. 602. A "rent-to-own" contract for rental & possible purchase of household goods was a purchase-money security agreement and not a lease, and could be dealt with in debtor's plan. The facts of each case govern such a finding under the U
Reported at 18 B.R. 605. Faced with competing motions by creditor to convert case to Ch. 7 under sec. 1307(c) and by debtor to dismiss case under sec. 1307(b), the court ruled that the Bankruptcy Code favors dismissals over involuntary liquidations
For purposes of 11 U.S.C. section 547, a transfer consisting of a mortgage occurs when the mortgage is recorded. Therefore, debtor's mortgage to his mother, recorded a few weeks pre-petition and more than two years after it was given, was a preference
Debtor car dealer purchased a car from another dealer, who then paid off the floor plan financing & obtained a lien release. However, debtor's check didn't clear. As between seller & debtor's lender regarding rights to the sale proceeds, seller loses
J.L. Brandeis & Sons, Inc., as a stakeholder in this interpleader action, was denied its request for attorney fees because Brandeis's delay in depositing disputed funds with the bankruptcy court created unnecessary litigation