U.S. Trustee's motion to dismiss for abuse under §§ 707(b)(2) and 707(b)(3) is granted. Debtors may not deduct excess housing costs in means test, and living in an expensive area does not constitute a "special circumstance" to rebut presumed abuse.
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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 court asked the United States Attorney to review the debtor's sale of property of the bankruptcy estate without court authorization. The secured creditor did not receive the proceeds of the sale, and the buyer did not receive title to the property.
The secured creditor on a vehicle sold by the debtor without proper court authorization was not properly served with notice in the buyer's non-dischargeability action against the debtor and did not need to be involved in that litigation.
The debtor removed property from premises operated as a bar. The landlord moved for turnover of the property, alleging the items were fixtures. The court found that the items were all easily removed and were not permanently annexed to the real estate.
Landlord filed motion for turnover of property removed by debtor from the premises after the trustee abandoned. The parties disputed whether the items were fixtures or personal property. After trial, the property was held to be debtor's personal property
The court approved a motion to approve a settlement of the division of marital assets and liabilities between the estate and the non-debtor ex-spouse because it was a reasonable resolution of the issues and in the bankruptcy estate's best interest.
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.
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.