On a motion to clarify judgment, the court reiterated its holding that under the Restatement (Second) of Trusts § 202(j), the "lowest intermediate balance" rule is the appropriate measure of the creditor's interest in commingled funds held in trust.
The court granted relief from the stay because the claim of the deed of trust holder on the debtor's residence matured pre-petition, so any attempt to alter terms of payment via a plan would amount to a modification which is prohibited by § 1322(b)(2).
The debtors and two lenders disputed the amount owed on the lenders’ claims. The claims were ultimately determined, along with an amount for administrative expenses. The amounts were final, and debtors’ motion for new trial should have been denied.
Because the debtor had already been in a bankruptcy case dismissed during the prior year, the automatic stay automatically terminated. The present case, filed to stop a deed of trust sale, had not been filed in good faith as to the real estate creditors.
After trial, the court allowed the plaintiff to amend its complaint to conform to the evidence. As to the lien priorities between the parties, the bank's prior perfected lien in crop proceeds had priority over the input supplier's statutory liens.
Reported at 276 B.R. 227. Contains an extensive discussion of the classification of debtor's guns for exemption purposes under the Nebraska statutory exemptions for household goods vis-a-vis immediate personal possessions.
Published at 228 B.R. 712. Debtor sought hardship discharge of student loan. Court ruled that section 106(a) of Bankruptcy Code is an unconstitutional abrogation of the State's sovereign immunity, and the State did not waive immunity by participating in federal student loan program.
The court denied the debtor's former wife's objection to confirmation concerning personal property that allegedly was awarded to her in the dissolution decree. The ownership of the property was unclear and should be determined by the state court.
Court granted administrative expense claims of debtors' former attorneys. Debtors' son moved to quash attorneys' writ of execution. Court ruled that he had no standing to intervene in the matter or to move to disqualify the judge from the case
