In federal district court case in which union representing debtor's employees was attempting to recover under Neb. Wage Payment & Collection Act, any amount assessed for the school fund would probably be non-dischargeable under 11 U.S.C. sec. 523(a)(7)

District court reversed and remanded bankruptcy court's dismissal of the debtor's petition, with instructions for the court to take evidence on whether the debtor was an "individual with regular income" and therefore eligible for Chapter 13 relief

The district court affirmed ruling that debtor's withdrawal of pension funds & deposit into his credit union account was not an assignment that would frustrate the purposes of a spendthrift trust. Also, the trust terminated upon withdrawal of the funds

Trustee's motion to set aside compromise agreement was unsuccessful, but was necessary to protect unsecured creditors' interests. For that reason, prevailing secured creditors' request for award of attorneys' fees & costs was denied. (Page 2 is missing)

On appeal, the district court affirmed the bankruptcy court order determining the value of tracts of land owned by the debtor. The district court found no clear error in the bankruptcy court's decision based on "extensive factual and expert testimony"

The district court reversed the bankruptcy court, ruling that the plaintiff creditor of one of two related debtors did have standing to challenge the trustee's designation of which of the two bankruptcy estates he would allocate recovered property to

Bankruptcy trustee sought court's guidance on whether to pursue litigation against the debtors' officers and directors. After reviewing the potential causes of action, the court advised against it based on issues of standing and a likely minimal recovery

On appeal, the district court affirmed the bankruptcy court's order finding that savings certificates which the debtors purchased for their children about four months before the petition date, using the proceeds of an annuity contract, were exempt

A $50,000 loan from the plaintiff is a non-dischargeable debt under 11 U.S.C. section 523(a)(2) because the debtor misrepresented the collateral available to the plaintiff, and the plaintiff relied on that false representation when making the loan

Reported at 22 B.R. 363. Debtors' attempt to sever & modify the portion of a claim secured by personal property from the portion secured by a mortgage runs afoul of sec. 1325(a)(5) because the distribution would be less than the claim's allowed amount