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
You are here
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.
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.
Debtors' Chapter 13 plan was confirmable over objections of unsecured creditors because the plan does propose to pay those creditors at least as much, if not more, than they would be likely to receive in a Chapter 7 liquidation of the debtors' real estate.
Cattle investor's debt to bank could be discharged. His financial statements were not materially misleading, and his conversion of some of the bank's collateral was not willful and malicious because it was necessary for his operating expenses
An oral agreement to assign a security interest, followed by payment in full of the consideration, is sufficient to create a valid assignment. If the original security interest was perfected, it remains perfected in the assignee, pursuant to the U.C.C