Court grants motion for stay pending appeal of three orders granting a compromise between debtor and three insurers allowing the insurers to pay proceeds of policies owed to debtor and enjoining any party from bringing a claim against insurers.
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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.
Because the debtor could have claimed a valid exemption in certain garnished funds in state court, an intervening preferential transfer did not affect his ability to claim a personal property exemption in the recovered funds held by the trustee.
The court found the debtor to be a shareholder in a business and therefore entitled to receive a portion of the sale proceeds of the business. The co-owner's sale of the business without revealing the details to the debtor was a breach of fiduciary duty.
The parties' divorce decree and property settlement agreement created a non-dischargeable obligation for the debtor to hold his ex-wife harmless on any amounts owed to the bank, including the repayment of a loan from her parents to pay off the bank.
Debtor's amended preference complaint was sufficient to state a claim upon which relief could be granted. A previous order referred to the preference issue but did not decide its merits, so the law of the case doctrine didn't preclude the complaint.
The court reconsidered the amount of the allowed Chapter 11 administrative expense claim held by the debtor's employee benefit plans and increased the claim to include additional attorney fees and liquidated damages.
Debtors wanted to avoid a non-possessory, non-purchase money security interest lien on their vehicle. The Court granted the motion to avoid lien to the extent that it impaired debtors' right to claim an exemption in the vehicle as a tool of the trade.
The union contributions and employment taxes withheld by the debtor but not paid out did not become property of the employees or the IRS while in the debtor's possession in a commingled fund. Rather, the money was subject to the lender's blanket lien.
The debtors could avoid a non-possessory, non-purchase-money lien on their vehicle to the extent it impaired the tool of the trade exemption. They couldn't use § 522(f)(1)(B) to protect any part of their personal property exemption, however.
The debtors may avoid a non-possessory, non-purchase money security interest in their vehicle to the extent it impairs the tool of the trade exemption. However, the lien may not be avoided to protect any portion of their personal property exemption.