The Chapter 13 debtor's proposal to classify certain judgment creditors as a special class and pay them less than the judgment amount was not in bad faith. The bankruptcy wasn't directed at these creditors, and debt may be dischargeable in a Chapter 7.
Chapter 13 debtors were not entitled to a discharge under section 1328 after making all plan payments because the plan payments were insufficient to pay IRS priority claim in full. Debtors were given additional time to complete payment of the IRS claim
The court ruled that debtor's educational loans should be discharged under § 523(a)(8)(B) because repayment would impose an undue hardship upon her and her family. Supporting four dependents on temporary income didn't provide funds for repayment
Plaintiff leased equipment to third party, which sold it to debtor. Debtor, unaware of the lease, claimed ownership. Because debtor didn't obtain a title certificate at purchase, UCC § 2A-305(3) rendered plaintiff's interest superior to debtor's.
The court imposed monetary sanctions against the State of Nebraska and its legal counsel under Rule 9011(a) for refusing to withdraw an unwarranted non-dischargeability complaint it filed against a corporate debtor and a non-debtor individual.
The debtor's contract with the plaintiff to receive a lump-sum payment in exchange for the transfer of his rights to his monthly military pension payments was not void under statutory anti-assignment provisions concerning military pay.
Post-confirmation, property is either property of the estate or property of the debtor. Either way, it is protected by the automatic stay and a pre-petition creditor cannot take actions to enforce a pre-petition lien without first obtaining stay relief
Confirmation of the debtor's Chapter 12 plan was denied because issues of feasibility and management existed. Some of the livestock had disappeared or was unaccounted for, bills were not being paid in the ordinary course, and insurance had lapsed.
Debtor must complete all plan payments before lender is required to release its lien on its collateral
