Reported at 51 B.R. 526. Creditor repossessed and sold part of its collateral without notice to the debtors. Because of the notice violation, it may not seek a deficiency judgment, but its allowed secured claim should be provided for in the Chap. 13 plan
On a confirmation objection to debtor's housing expense, the court declined to interfere with such personal decisions absent an extraordinary reason to do so. Plan feasibility was not an issue, so there was no reason to second-guess expenditures.
Reported at 416 B.R. 666. Debtor's proposed plan was not confirmable because it was not filed in good faith and it discriminated against his former wife, who held a $400,000 domestic support obligation claim, by delaying reasonable payments to her.
The court ordered debtor to use a previously authorized amount of cash collateral to pay franchise and license fees as adequate protection for the use of the franchiser's name pending the debtor's decision to assume or reject the franchise agreement.
Insurance proceeds that were deposited into bank account post-petition are not subject to set off for pre-petition debt. The creditor bears the burden of proving a valid right of setoff under 11 U.S.C. section 553
The court dismissed an adversary proceeding brought by the debtors alleging violations of the automatic stay. The debtors did not have standing to collaterally attack their stipulation to relief from the stay after the order approving it became final.
The court denied the debtor's motion to dismiss and ruled that an avoidance action filed by the Chapter 7 trustee on the second anniversary of the petition date was timely filed pursuant to § 546(a)(1)(A).
After a trial, the court granted the debtor a Chapter 7 discharge, finding that he did not intend to defraud or mislead creditors by concealing or failing to schedule certain income, nor were any creditors harmed by his omissions.
Cash cannot be exempted under Nebraska household goods exemption statute. The balance of a vehicle's value which exceeds the tool-of-the-trade exemption can be exempted under the in-lieu-of-homestead exemption
As between the bankruptcy trustee and a bank as trustee for dissolved corporation's shareholders, the bank held a superior interest in mortgage. However, the bankruptcy trustee prevailed as to personal property, due to a lapsed financing statement
