The court, after discussing unliquidated, contingent, and disputed debt, denied debtors' motion to convert to Chapter 13 because their unsecured debts exceed the statutory debt limit & because their schedules may not have been filed in good faith
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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 Chapter 13 practice of allowing claims as filed is subject to the terms of the confirmation order, if the plan or confirmation order specifies a different treatment of certain claims, or if litigation has resulted in a different categorization of a cl
The court denied trustee's application for authority to sell real estate because the court did not want to approve the procedure used and did not want to approve the proposed sale price because there was no evidence as to the property's fair market value
Reported at 16 B.R. 78. The avoidance powers of sec. 522(f) apply only to liens attaching on or after enactment date of the 1978 Bankruptcy Code, not to those arising prior to that date. Avoidance actions to protect exemptions may be filed post-discharge
Reported at 15 B.R. 223. Under sec. 523(a)(5), marital debts owed to a third party which one spouse is ordered in divorce proceedings to pay can be non-dischargeable as in the nature of alimony or support despite not being payable directly to a spouse
Trustee's obj. to discharge for having received a discharge within the last six years was denied because the operative dates are the filing dates of the two cases, & the current case was filed more than six years after the filing date of the prior case
A Bankruptcy Act case. A $400 debt for attorney's fees in connection with the debtor's divorce, which he was ordered to pay pursuant to the divorce decree, was not dischargeable because it was considered to be support
Reported at 13 B.R. 15. The court ruled that Cessna held a valid perfected security interest under Kansas law in the proceeds of an airplane that defendants willfully converted to their own use. Under the Bankruptcy Act, however, debt is dischargeable
In accordance with In re Terry, 630 F.2d 634 (8th Cir. 1980), confirmation of debtor's Chapter 13 plan was denied where the plan proposed no payments to unsecured creditors and the entire amount of the monthly payments appeared to be for attorney's fees
Court denied defendant's request for attorneys' fees under section 523(d) because the plaintiffs had sought denial of discharge rather than a determination of dischargeability, and because it was unclear whether the debts at issue were consumer debts.