The debtor's student loans were "qualified education loans" under § 523(a)(8). As a young man in good health with marketable skills and no dependents, the debtor was unable to establish on summary judgment that repayment would be an undue hardship.
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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.
Plan confirmation was denied because the debtor needed to amend to provide for adequate protection payments to begin at confirmation and to clarify that he was surrendering his interest in certain collateral. The Till interest rate was appropriate.
The court clarified lien avoidance procedure so that debtors may use all of the exemptions to which they are entitled to avoid a lien under § 522(f)(1)(B). The court's prior decision of In re Vasina was overruled to the extent it held otherwise.
As the owner of improved real estate which it leased to another business, the debtor was a single asset real estate debtor under § 362(d)(3). Its bankruptcy case was filed in good faith in an effort to reorganize its debt despite a pending foreclosure.
The creditor was sanctioned for repossessing debtor's car post-petition and violating the automatic stay. The creditor acted quickly to return the car & pay actual damages after learning of the bankruptcy, so punitive damages weren't necessary.
The trustee's objection to claim was sustained as to invoices for services performed more than four years before the creditor filed a collection action against the debtor. Those invoices fell outside the statute of limitations for oral contracts.
The debtor's proposed plan was infeasible & unconfirmable. Plan payments exceeded anticipated income. The plan failed to account for taxes and attorney fees, and its terms preferred operating lenders over debtor's domestic support obligations.
Reversed at 447 B.R. 597. Bank's deeds of trust were notarized by the brother-in-law of the debtor's member who executed the documents for the debtor. Under Nebraska law, the documents were improperly acknowledged, not lawfully recorded, and void.
Because the landlord materially breached the lease by allowing a competing business to operate near debtor's business, despite specifically negotiated language restricting the use of the premises, the debtor had the right to terminate the lease.
The court deferred ruling on a motion for relief from stay by a deed of trust holder in a single asset real estate case, pending the expiration of the statutory 90-day period for the debtor to file a plan with a reasonable possibility of being confirmed.