Reported at 379 B.R. 908. For means test purposes, an above-median debtor who proposes a five-year plan and who is repaying a 401(k) loan through monthly payroll deductions may not continue to deduct the monthly payment amount after the loan is repaid.
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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 debtor could not claim a state-law exemption in "compensation paid or payable by an employer to an employee for personal services" because the nature and status of the debtor's work was as an independent contractor, rather than as an employee.
The debtor has a contractual obligation to keep his vehicle in good condition and he should not get the benefit of the cost to repair damage beyond ordinary wear and tear when attempting to cram down the interest of the creditor in his Chapter 13 plan.
Published at 379 B.R. 903. Post-BAPCPA, a Chapter 13 debtor does not fail the 1325(a)(3) good-faith test simply by having the ability to pay more than the means test result. There must be something else to trigger a lack of good faith in proposing a plan.
Because both parties to a motion for relief submitted evidence consisting of estimates and speculation as to the collateral's condition and depreciation, the court split the difference in determining the appropriate adequate protection payment.
Despite some confusion in the trustee's records about the duration of debtor's plan, the court found the debtor had in fact paid all of the amounts due under the plan, in the specified time. She did not need to make additional payments for attorney fees.
Published at 379 B.R. 899. Debtors may treat taxes from post-petition sale of farm assets as unsecured, non-priority claims under § 1222(a)(2)(A). The statute plainly refers to taxes arising post-petition, & the intent is to help farmers reorganize.
Reported at 379 B.R. 899. Debtors may treat taxes from post-petition sale of farm assets as unsecured, non-priority claims under § 1222(a)(2)(A). The statute plainly refers to taxes arising post-petition, & the intent is to help farmers reorganize.
The court allowed the debtor to assume an executory contract with a charge-card program used by debtor's employees because it was necessary for reorganization, and to use post-petition financing to cure the outstanding pre-petition card balance.
A financing arrangement in which the creditor got a super-priority administrative claim was approved. The court said the risk to other admin. claimants was minimized by the creditor's ability to collect receivables so the debtor could reorganize.