Reported at 353 B.R. 886. Under U.C.C. § 9-506, financing statements should contain the debtor's legal name. If filing office's standard search logic, which requires an "exact legal name," wouldn't pull it up, the statement may not be effective.
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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.
BAPCPA § 1325(a)(9) prohibits the bifurcation of a claim secured by the debtor's personal vehicle, but it nevertheless requires the debtor to pay the secured creditor the present value of its claim, which includes interest over the life of the plan.
Court denies debtor's motion to intervene as defendant in an adversary action concerning the alleged fraudulent conveyance of stocks to debtor's children, because debtor has no financial stake in claim and the estate's interests are represented.
The court overruled debtor's objection to the trustee's proposed auction of vehicles that were his business assets, finding that the trustee's approach was reasonable. The debtor could not claim a tool-of-trade exemption in any of the vehicles.
Debtor's conversion of bank's collateral did not constitute a willful & malicious injury under Sec. 523(a)(6) because debtor did not intend to cause harm to the bank. He used the proceeds for operating & living expenses, and to preserve bank's collateral
Debtor's conversion of bank's collateral did not constitute a willful & malicious injury under § 523(a)(6) because debtor did not intend to cause the bank harm. He used the proceeds for operating & living expenses, and to preserve bank's collateral.
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.
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.