An attorney fee award in a paternity action, payable directly to the attorney, is a non-dischargeable domestic support obligation under § 523(a)(5) because it was made, at least in part, to protect the child's welfare & thus is in the nature of support.
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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 payment claims of people who served as medical testing subjects for the debtor were priority wage claims under § 507(a)(4)(A) because the debtor exercised strict control over the research subjects, in effect hiring them as short-term employees.
The debtor was not entitled to have his tax refund, which had been intercepted by the state post-petition to pay a delinquent child support obligation, returned to him. The interception of a tax refund is specifically excluded from the automatic stay.
Debtors met their burden of proof to show that their proposed classification of unsecured creditors does not run afoul of § 1322(b)(1). The treatment of Great Western Bank's claim relative to other unsecured claims was not unfairly discriminatory.
The court overruled the objection of a judicial lienholder to a post-petition financing agreement because the agreement did not affect the judicial lienholder's interest, which was adequately protected by a supersedeas bond posted by the debtor.
The debtors substantially complied with the terms of a stipulation to use cash collateral, so they should not be penalized for violations that occurred when their son ran the operation, particularly since they have taken steps to rectify the problem.
Court denied motion to appoint a Chapter 11 trustee or to dismiss case. The mismanagement occurred when debtors' son was in charge of operations. Steps have been taken to rectify that situation, and cause no longer exists for appointment or dismissal.
The creditor's judgment lien can be avoided in full under § 522(f) because it impairs the debtors' homestead exemption, unless the creditor were to file an adversary proceeding against another lienholder and avoid that lien as a fraudulent transfer.
Debtor did not make its post-petition employee benefit plan contributions. The plans therefore had a pre-conversion administrative claim for the delinquent contributions, interest, liquidated damages, and reasonable attorneys' fees and costs
The court reduced the amount of compensation awarded to counsel for the debtors because the amount of time billed for certain activities – concerning travel, "emergency" motions, and dealing with the debtors' leases – was unreasonable.