In the parties' divorce, each spouse was ordered to pay a portion of a marital debt. The debtor's share of that debt was excepted from discharge in bankruptcy by § 523(a)(15) because she was obligated to indemnify her former spouse for half of the debt.
Chapter 12 creditor's motion to sequester rents and profits was denied because the creditor did not have a perfected security interest in crops or crop proceeds under the UCC or under Neb. Rev. Stat. sections 52-1701 throught -1708
Debtor's schedules showed equity in her home. She purchased that equity interest from the trustee. Her motion to vacate the sale when she discovered that judgment liens had eliminated that equity was denied because she should have known of the liens.
Debtor's house was sold at tax sale pre-petition. She alleges the tax sale was a fraudulent transfer. The court ruled that her plan is confirmable because she accounts for payment of the buyer's claim regardless of the outcome of the adversary proceeding
The court granted lender-defendant's motion for summary judgment. Under Nebraska rules of contract construction, the written loan commitment between the lender & the debtor was unambiguous. The two provisions were independent and not conflicting
Post-petition, pre-confirmation payments to the Ch. 13 trustee from the debtors' personal-service income must be returned to the debtors upon conversion to Ch. 7, pursuant to sections 541(a)(6), 348(a), and 348(f)
Debtors' conversion of non-exempt assets into exempt assets prior to filing Chapter 12 was not in bad faith or forbidden by the Code. However, unless the debtors intended to use some of those exempt assets to fund their plan, the court may find bad faith
The debtor in possession leased trucking units to a company that did not comply with a court order to turn the property over. One of the secured creditors sought and was granted authority to take steps to protect & obtain its collateral from the lessee.
Student loan obligation was discharged under 11 U.S.C. section 523(a)(8). The debtor is employed, but because of her circumstances is unable to pay any more toward her student loans without causing an undue hardship to her family
Lender could have perfected security interest by noting its lien on vehicle title even after petition date. Sec. 362(b)(3) doesn't bar perfection if trustee can't avoid the transfer, and the trustee can't avoid a transfer if it's perfected within 30 days
