Court indicates it will grant plaintiffs' motions for default judgment if plaintiffs can properly serve defendants with complaint and summons, but the plaintiffs did not achieve proper service by mailing service to defendants' post office boxes.
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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 representative of a corporate debtor may invoke his constitutional rights against self-incrimination while appearing at a Rule 2004 examination; therefore, he may not be forced to testify, although negative inferences may be drawn as a result.
The court granted the Chapter 12 debtors’ motions to sell property in the ordinary course of business and to use cash collateral of $22,000, finding that the objecting secured creditor was protected by an equity cushion of $178,000. The court also directed the debtors to obtain hazard insurance to protect the collateral for the benefit of the bankruptcy estate and the secured creditor.
The court granted the Chapter 12 debtors’ motions to sell property in the ordinary course of business and to use cash collateral of $22,000, finding that the objecting secured creditor was protected by an equity cushion of $178,000. The court also directed the debtors to obtain hazard insurance to protect the collateral for the benefit of the bankruptcy estate and the secured creditor.
The court overruled an objection to plan confirmation filed by the debtor’s former husband because the debt at issue, which arose from the distribution of assets and liabilities at the dissolution of the parties’ marriage, was not a non-dischargeable domestic support obligation. Rather, it “is simply a contract between the debtor and her former husband with regard to a property settlement agreement incorporated into the Dissolution of Marriage Decree. It is not in the nature of support, but is the type of debt dealt with by 11 U.S.C. § 523(a)(15) which is dischargeable in a Chapter 13 case, assuming the debtor obtains confirmation of a Chapter 13 plan and completes payments under such plan.”
A lien arising from a judgment against both debtors was avoided because it impaired their homestead exemption. Nebraska statutes permit a homestead to be selected from the wife's property interest, so the debtors could jointly assert the exemption.
A landlord is entitled to an administrative expense claim for the trustee's use of the property to store items, even post-rejection. The costs of readying the premises to re-let are normal breach of contract damages, not administrative expenses.
Reported at 385 B.R. 709. Debtor may not renounce and disclaim an inheritance to which she became entitled post-petition because it is property of the bankruptcy estate under § 541(a)(5)(A) and must be preserved for the unsecured creditors' benefit.
The court deferred a motion for relief from stay by a vehicle financing company pending a ruling on debtor's application for an award of Social Security disability benefits. An equity cushion in the collateral protected the creditor during the delay.
The court denied the prevailing plaintiff's request for attorney fees because the non-dischargeable debt was for the tort of receiving money under false pretenses. Attorney fees aren't authorized under § 523(a)(2) absent a contractual provision.