Discharge of student loans granted because repayment would create an undue hardship on the debtor. Her income is unlikely to increase, although her expenses will. She is likely to incur additional medical expenses and car payments in the near future.
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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 remedy for a secured creditor who believes the interest rate proposed in a Chapter 13 plan is inadequate is to object to confirmation pursuant to Local Rule 3023-1, rather than to challenge the interest rate through the claims allowance process.
The court granted relief for cause to debtor's primary secured creditor on collateral other than debtor's patent because it lacked adequate protection. There was no evidence the patent would decrease in value while debtor tried to obtain capital.
Reported at 368 B.R. 845. For purposes of § 1325(b)(1)(B), a debtor's projected disposable income should be calculated by utilizing the means test's Form B22C rather than the disposable income shown by the difference between Schedules I & J's totals.
Reported at 368 B.R. 845. Creditor's objection to confirmation based on "projected disposable income" is overruled. The means test in Form B22C, rather than net income as shown in Schedules I & J, controls the "disposable income" issue for purposes of Se
The court reopened the case and abstained from determining the debtor's liability for payroll taxes. The lawsuit's outcome would have no effect on the bankruptcy estate, and the bankruptcy court had no authority over a non-debtor responsible party.
The official committee of construction lien claimants was allowed to intervene in an adversary proceeding between the trustee and the lender regarding lien validity, because there was a lack of commonality of interests on some of the claims raised.
The settlement of a purported fraudulent transfer was not approved because it was not in the estate's best interest. The estate would gain little benefit from the settlement, in light of the straightforward and easily litigated issues in the case.
The debtor did not qualify for a waiver of the filing fee to appeal the court's denial of her application to waive the Chapter 7 filing fee because she did not fall below the poverty line and because she had assets available from which the fee could be pa
The court denied a secured creditor’s motion for relief from stay for cause, including lack of adequate protection. While the debtors may have used some post-petition proceeds of the sale of sod, they retained most of the proceeds, they would be filing a motion for use of cash collateral, and there was no evidence that the collateral value was declining, so the court found it difficult to determine how the creditor was being harmed by temporarily maintaining the status quo.