The court denied summary judgment in an action to recover alleged preferential payments made to a vendor. Issues of material fact existed as to the statutory "subsequent new value" and "ordinary course of business" defenses asserted by the vendor.

Published at 302 B.R. 650. The debtors' student loans were not discharged. Household expenses could be reduced and income could be increased to provide funds to pay toward the wife's student loans. In addition, the husband hadn't exhausted administrative remedies as to his loan.

The court denied authorization to incur debt secured by a senior lien on property of the estate because the proposed priming of the first lienholder does not adequately protect the first lienholder.

Reported at 246 B.R. 895. Debtor-farmer's Corvette was not "held for use in the principal trade or business of the debtor" and therefore could not be exempted as a tool of the trade. The personal property exemption could be used for a portion of its value.

Holder of junior deed of trust had a lien on debtors' residence but no equity to secure its claim, so Supreme Court's Nobelman decision did not protect its rights from being modified pursuant to section 1322(b)(2), and its lien could be avoided.

The debtor removed property from premises operated as a bar. The landlord moved for turnover of the property, alleging the items were fixtures. The court found that the items were all easily removed and were not permanently annexed to the real estate.

Confirmed plan provided for insurance proceeds held by creditor to be applied "as agreed by the parties." Parties couldn't agree. Court found that any rights creditor had to the funds as security for its debt ended when debt was paid in full under plan

Case dismissed because debtor exceeded Chap. 13 debt limits. Claims at issue were liquidated and noncontingent, even though they were disputed

Under Nebraska law, the trustee could not assume an executory title insurance contract for which debtor was an underwriting and processing agent. The other party to the contract therefore had a claim against the bankruptcy estate for the rejection.

The debtor's right to repurchase items she had pawned pre-petition was an interest which was property of the bankruptcy estate. Therefore, 11 U.S.C. sec. 108(b) gave her an extension of 60 days after the order for relief in which to repurchase the items