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Claudia Josefina Newton Frausto & Eduardo Teodulo Torres, Ch. 7, BK20-81097-BSK (Apr. 29, 2021)

The court granted the trustee’s motion for turnover of a motor vehicle titled in the debtors’ names but allegedly owned by the debtor’s sister. While the debtors argued that the court should discern a resulting trust in favor of the sister because she paid for the vehicle, the court found that Nebraska statutory law is clear and unambiguous in not recognizing a resulting trust in a motor vehicle.

Date: 
Thursday, April 29, 2021
Judge: 
Judge Brian S. Kruse