Absent competent evidence of special circumstances affecting valuation, the value of a debtor's fractional interest in real estate is equal to its proportionate part of the value of the whole, without reduction for potential costs of partition.
The court, after taking testimony, approved the sale of the assets of a business owned by the debtor. The court also granted the debtor's motion for turnover of certain items of personal property that had been left on the business premises.
Chapter 12 plan not confirmed because treatment of former spouse's claim is discriminatory, inequitable, and not permitted by Code
In Chapter 7, the fair market value of real estate in which a homestead exemption is claimed is its liquidation value. A trustee should not sell such property if, after deducting costs, liens, & the exemption, the estate will receive little or no benefit.
Reported at 117 B.R. 510. The lessor of personal property under a lease that is not assumed or rejected is entitled to an administrative expense claim equal to the fair rental value of the property during the debtor's post-petition possession of it.
The court imposed sanctions in the form of actual and punitive damages against a creditor and a collection agency that violated the automatic stay by endeavoring to collect a debt from the debtors, even after being advised of the bankruptcy case.
Ch. 13 plan was not confirmed because debtor failed to carry his burden of proving that the plan was filed in good faith. It also is unclear whether debtor has disclosed all his assets. Case will be dismissed unless satisfactory amended plan is filed
Summary judgment was denied on objection to discharge under 11 U.S.C. section 727(a)(3) and (a)(5) because a factual issue existed as to whether debtor's illness was a justification for his destruction of financial records
The court found, on a summary judgment motion, that the debtor's agreement to transfer his rights to future military pension payments in exchange for a lump-sum payment was not void under the anti-assignment provisions of 37 U.S.C. § 701(c).
Pursuant to a settlement agreement with his employer, the debtor received monthly annuity payments for injuries he suffered on the job. The court ruled the payments were property of the bankruptcy estate, but were exempt under Neb. Rev. Stat. § 44-371
