The court sustained the Chapter 7 trustee's objection to a claimed exemption in a retirement fund belonging to the debtor's late mother because it did not constitute an "inherited retirement account." The debtor did not receive the retirement account directly. Rather, the fund was to be liquidated and the proceeds paid to his mother's estate; from there, the money would be distributed to the heirs, including the debtor. The fund loses the attributes warranting the exemption of a retirement account by being liquidated through the probate estate.

In a dispute about the value of the debtors' vehicle, the lender's NADA report was more credible than the debtors' appraisal. The court found the value to be nearly equal to the amount of the lender's claim. Because the debtors had used a lower valuation in their plan, the court gave them time to file an amended plan.

An unsecured junior lien on the debtor's residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The case law in the Eighth Circuit, interpreting Nobelman, permits wholly unsecured liens to be stripped off.

The court denied summary judgment for allegations of preferences and fraudulent transfers. Factual issues existed as to whether the creditor was an insider, and whether the transfers were made with intent to defraud. The judgment on which the creditor relied in collecting the debt was entered after the automatic stay was in effect, so it was void. Whether that stay violation was willful was a question to be determined at trial.

The court agreed that this adversary proceeding, which had been referred from district court upon a party's bankruptcy filing, should be returned to district court to determine liability for fraud related to the sale of securities. The third-party indemnification and contribution claims against the debtor could be severed and held in abeyance in the bankruptcy court pending the outcome of the district court litigation.

The debt resulting from a limited liability company manager's unauthorized use of company funds was non-dischargeable under § 523(a)(4). The debtor admitted to acting in a fiduciary capacity as the manager, and his misappropriation of funds constituted defalcation by a fiduciary. The court also awarded pre- and post-judgment interest on the debt.

The court denied the debtor-defendant's request for a special appearance to challenge the entry of a default judgment finding a debt owed to her former spouse to be non-dischargeable. The debtor  asserted that she was not served with process or any documents in the case, but evidence submitted by the plaintiff indicated otherwise. The court also stated that even if the debtor had not been served with notice, the debt was excepted from discharge as a matter of law under §§ 523(a)(15) and 727(b).

The court overruled a creditor's objections to the debtors' disclosure statement and Chapter 11 plan, ruling that the plan appeared to be feasible and the creditor's claim could be crammed down because the creditor would retain his lien until the property is sold and then would be paid from the proceeds.

The court denied the corporate defendants' motion to quash and motion for protective order, ruling (1) the out-of-state defendants should be deposed in Nebraska and (2) the topics to be covered in the deposition were relevant for purposes of discovery.

An unsecured junior lien on the debtor's residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The case law in the Eighth Circuit, interpreting Nobelman, permits wholly unsecured liens to be stripped off.