Pursuant to BAPCPA's "hanging paragraph" following § 1325(a)(9), a debtor may surrender a vehicle purchased within the 910-day period preceding the petition date in full payment of the debt, even if the surrender results in a deficiency claim.
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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.
Plaintiff seeks to have default judgments against defendant given preclusive effect and found nondischargeable in bankruptcy. Court finds default judgments against defendant not "actually litigated" for purposes of collateral estoppel.
The debtor's interest in benefits under the State Employees Retirement Act did not become property of the bankruptcy estate due to the statutory anti-alienation provision governing those funds, so debtor did not need to claim an exemption in them.
After trial, the court determined that the debtors' Chapter 12 plan was filed in good faith. The evidence indicated that the objecting creditor's missing cattle became sick and died, not that the debtors converted the cattle to their own use.
Summary judgment was granted to creditor on debtor's attempt to rescind residential deeds of trust given as collateral. The TILA notices were sufficient, despite an isolated typographical error as to the cancellation deadline in one of the notices.
The court denied confirmation of debtor's plan as not proposed in good faith. Debtor improperly claimed the money paid each month to his business partner to purchase a larger ownership interest was "debt" but the court held it to be additional income.
The bankruptcy court did not have jurisdiction over a dispute between a non-debtor and a creditor over the non-debtor's liability on certain joint credit card debt, as it was neither a core proceeding nor otherwise related to a case under Title 11.
Too many questions of fact existed for the court to grant summary judgment on the issue of whether the debtor's corporate officers could be held personally liable for the debtor's failure to make required contributions to its employees' ERISA plans.
The automatic stay does not apply to the perfection of a security interest within 20 days after purchase, so an intervening bankruptcy filing did not cut off the lienholder's right to assert the "enabling loan" exception to a preferential transfer.
The court found that certain dealers of the debtor's product met all of the requirements to be buyers in the ordinary course of business under Iowa commercial law, so their interest in the sale proceeds had priority over the lender's security interest.