The more specific medical lien statute, Neb. Rev. Stat. § 52-401, takes precedence over the general exemption statute, Neb. Rev. Stat. § 25-1563.02, so the medical provider's lien defeats the debtors' claim of exemption in personal injury proceeds.
A mortgage lien secured by three tracts of land cannot be avoided, even if the claim is undersecured. The Dewsnup v. Timm line of cases does not require a creditor to give up any part of a lien that serves as security for its allowed secured claim
Debtor's employment was terminated a few weeks after he filed his bankruptcy case. He sued the employer alleging a violation of 11 U.S.C. section 525(b), but was unable to establish that his termination was "solely" a result of his bankruptcy filing
The Chapter 7 trustee, in selling debtor's interest in a limited partnership, is bound by the terms of the partnership agreement and must comply with the agreement's procedures even if those procedures benefit the partnership more than the estate.
The parties' divorce decree and property settlement agreement obligated the debtor to pay half of the daycare expenses. Those expenses were therefore in the nature of support and were entitled to priority claim status for plan payment purposes.
Despite some confusion in the trustee's records about the duration of debtor's plan, the court found the debtor had in fact paid all of the amounts due under the plan, in the specified time. She did not need to make additional payments for attorney fees.
Debtor's obligations to former spouse under property settlement and divorce decree are not dischargeable under section 523(a)(15)
The bankruptcy court adopted the state court's factual findings as to the existence of a business partnership and found the debtor's use of the partnership account to be a defalcation by a fiduciary, excepting the debt from discharge under § 523(a)(4)
Deed of trust that was security for a stated debt of $1,100 rather than the full debt of $11,000 was the result of mutual mistake and could be reformed under Nebraska law to reflect the parties' intent
The debtor's attempt to relitigate in bankruptcy court a creditor's claim that previously was litigated in state and federal court was barred by the doctrine of res judicata. Moreover, there is no public policy exception to the rule of res judicata
