For Sec. 707(b)(2), debtors may claim the local standard housing expense, not actual expense. They may claim vehicle ownership expenses for unencumbered vehicle. 401(k) loan repayment is "additional expense." Reduced OT pay isn't "special circumstance"
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.
A commercial landlord's administrative expense claim was granted for rent & utilities during the trustee's possession. The estate was not responsible for paying for damage allegedly caused to the premises by a buyer's removal of personal property.
To help resolve the parties' dispute as to the outstanding balance due on their home loan, the parties should prepare and submit a spreadsheet listing pre- and post-petition escrow advances, interest and other charges, and payments to the trustee.
The bank's purported "abandonment" of its security interest to another creditor did not assign or release its perfected security interest, so the trustee was obligated to turn proceeds and personal property over to the bank as the secured party.
The bank's purported "abandonment" of its security interest to another creditor did not assign or release its perfected security interest, so the trustee was obligated to turn proceeds and personal property over to the bank as the secured party.
After a trial on interpretation of a reinsurance contract under Iowa law, the court held that debtor's subsidiaries were also parties to the contract; the contract did provide coverage; and premiums were due only for the years policies were issued.
Although the debtor did not have regular income, she was willing to use the proceeds of the sale of property to fund her plan. While Chapter 13 doesn't usually contemplate liquidation, in this case the proposal was in the best interest of the creditors.
Published at 368 B.R. 850. The debtor, a young single woman with no dependents and two advanced degrees, could make an effort to reduce her monthly expenses enough to make payments on her student loans. Repayment would not create an undue hardship.
Debtor's manager's personal friendship with the debtor's banker did not create a fiduciary duty owed by the bank. The borrower was financially savvy and was not subject to the bank's control or influence. This was a standard lending relationship.
The court denied an objection to confirmation of a Chapter 13 plan made by a creditor who argued the plan was not proposed in good faith because the debtor could pay more. The debtor demonstrated the ability to fund the plan with little disposable income.