Sandra Mae Hoyle, BK96-81160, Ch. 13
A judgment creditor has an affirmative duty to stop a garnishment and obtain a release of garnished funds belonging to the debtor. Failure to do so is a violation of the automatic stay and is subject to sanctions
A judgment creditor has an affirmative duty to stop a garnishment and obtain a release of garnished funds belonging to the debtor. Failure to do so is a violation of the automatic stay and is subject to sanctions
Creditors who were given second mortgages on real estate to secure the use of cash collateral in debtors' Chapter 11 case were entitled to receive a "lost opportunity cost" in addition to their principal when the property was liquidated and distributed
The court entered summary judgment for the trustee in a fraudulent transfer action where debtors transferred property into a trust of which they were co-trustees. The transfer was fraudulent under sec. 548(a)(1) because it was done to hinder creditors
The Chapter 11 farm debtors were denied confirmation of their plan; it was not feasible and it violated § 1129(b)(2)(B). In addition, the creditor did not hold a security interest in government farm program commodity certificates paid to the debtors
Plaintiff did not prove elements of section 523(a)(2)(A) or section 727(a)(2), (3), or (5), so debt was discharged
The rights of a creditor whose claim is secured only by a security interest in real property which is the debtor's principal residence cannot be modified by the terms of a proposed plan, pursuant to 11 U.S.C. section 1322(b)(2)
The payment rights of SID bondholders differ significantly from those of warrantholders under Nebraska law, so a Chapter 9 SID debtor's plan of arrangement may classify bondholder claims separately from and superior to the claims of warrantholders
On appeal, the district court affirmed the bankruptcy court's decision overruling the debtors' objections to the bank's proofs of claim and holding that the promissory notes at issue were valid and there was no evidence of fraud on the part of the bank
Nothing in the Nebraska Trust Deeds Act precludes a trustee from authorizing an attorney to execute a notice of default on the trustee's behalf, without execution or acknowledgement by the trustee
An unsecured junior lien on debtor's residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The bankruptcy court's Sanders decision, interpreting Nobelman, permits wholly unsecured liens to be stripped off.