Reported at 393 B.R. 697. Confirmation of debtor's plan was denied because the totality of the circumstances indicate he attempted to unfairly manipulate the Code by knowingly filing his petition and plan just before his income rose significantly.
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.
The court, after taking testimony, approved the sale of the assets of a business owned by the debtor. The court also granted the debtor's motion for turnover of certain items of personal property that had been left on the business premises.
Debtor's objections to the trustee's attorney's fee application were overruled. The trustee may employ himself as counsel and be compensated from the estate for his services as counsel if those services were necessary and beneficial to the estate.
Court grants trustee's motion to dismiss case for abuse. Debtors are not entitled to deduct 401(k) loan payments as secured loans to calculate means nor do the debtor's payments qualify as special circumstances to rebut the presumption of abuse.
A collection agency was monetarily sanctioned for violating the automatic stay by refusing to acknowledge the bankruptcy, threatening criminal prosecution, and withdrawing funds after coercing debtors into revealing bank account information.
*Reversed at 613 F.3d 810.* A farm lessor whose rent payment came due post-petition is entitled to an administrative expense claim under § 365(d)(3) for the prorated amount of rent attributable to post-petition, pre-rejection use of the property.
An injunction enjoining all actions related to the sale or purchase of products manufactured by the debtor was extended for 90 days. With permission, claimants could proceed against entities not having co-insurance or indemnification rights.
The debtor filed this adversary proceeding to discharge student loan debt. After negotiating with the holder of the student loans, she executed a promissory note for a consolidated income-contingent student loan. She subsequently realized that she had misunderstood the terms of the loan, believing that she was not required to make payments when she was unemployed and had no income. However, she learned that the repayment amount was based on her total family income, so – because her husband was earning income – she was expected to make monthly payments. The debtor then amended her adversary complaint in an attempt to discharge the consolidation loan.
The court granted the defendant’s motion to dismiss because debts incurred post-petition, as the consolidation loan was, are not subject to discharge.
The over-secured creditor's motion for relief from the stay was deferred for 60 days to permit the debtor to bring the delinquency current after he begins to receive the Social Security disability benefit payments he had recently been awarded.
Debtor could avoid the bank's non-possessory, non-purchase-money security interest in her vehicle to the extent it impaired her tool of the trade exemption under Nebraska law. The vehicle's value was its replacement value as of the petition date.