Reported at 337 B.R. 684. Overruled by Winters, BK09-43374-TJM (Mar. 17, 2010). The language of §§ 522(g)(2) & 522(f)(1)(B) let debtor avoid an unperfected non-purchase-money lien on her car while preserving a tool-of-the-trade exemption in it.
Individual Retirement Accounts (IRAs) are exempt under Neb. Rev. Stat. § 25-1563.01, unless the funds contained therein are not reasonably necessary for the support of the debtor and any dependent of the debtor.
Published at 240 B.R. 22. Although the debtor's interest in an employer-provided deferred compensation plan may not be property of the estate under section 541(c)(2), her income from the plan should be included in the calculation of disposable income pursuant to sec. 1325(b).
"Cause" existed for appointing a trustee under § 1104(a)(1) when there was clear evidence of debtor's dishonesty, as well as mismanagement in not filing tax returns for four years. The debtor did not appear to be acting in the creditors' best interest.
The automatic stay barred a condominium association's efforts to collect post-confirmation assessments from the debtors because the estate property hadn't yet revested in the debtors, but the debt was excepted from discharge under § 523(a)(16).
Court denies motion for contempt of order against debtor, finding that the debtor is attempting to comply by making payments and obtaining funds not currently in the debtor's possession.
The debtors did not assume a lease of cows, so the lessor was entitled to turnover of the cattle and to an administrative claim for the amount due under the lease for the calf crop. She also obtained relief from the stay to obtain possession of her proper
Chapter 12 debtors suffered fire damage. Upon receiving a settlement, they spent some of the proceeds on items unnecessary under their confirmed plan. Court held that some of the money was disposable income to be distributed to unsecured creditors
Creditor's post-petition repossession of the debtor's vehicle and refusal to return it violated the automatic stay. Because the creditor continued to hold the car after receiving notice of the bankruptcy, its conduct was willful and sanctionable.
Debts owed by general contractor to subcontractors were dischargeable. Debtor's signature on lien affidavits did not constitute fraudulent representations as to these creditors. Also, no basis existed for nondischargeability under 523(a)(4) or (a)(6)
