Nebraska

Wigington, In re

Ruling: 
Debtor's motion to avoid the judgment lien on her home was denied as she did not meet herburden to establish a lesser value. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on March 02,2022, LexisNexis #0422-059

Koziel, In re--Koziel v. Shellpoint Mortg. Servicing

Ruling: 
Debtors could strip off the wholly unsecured junior lien for the purposes of the Chapter 13plan as there was no equity securing the security interest in the property. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on December 29,2021, LexisNexis #0222-071

Westerby, In re--Paulsen v. Westerby

Ruling: 
Debt owed for breach of a consignment agreement to sell an owner's boat was notnondischargeable where debtor actively marketed the consigned boat and reasonably believedhe was authorized to sell the boat for $5,000. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on December 22,2021, LexisNexis #0222-061

Topp's Mech., In re

Ruling: 
Plan's treatment of a bank's election to have its under-secured claim treated as secured was notfair and equitable to the unsecured creditor class. (Bankr. D. Neb.)
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Commercial case opionion summary, case decided on November 23,2021, LexisNexis #0122-071

Peterson, In re--Brown v. Peterson

Ruling: 
Debtors denied a discharge because the sheer volume and materiality of the misstatementsand omissions demonstrated at a minimum, reckless indifference to the truth. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on August 30,2021, LexisNexis #1021-070

Davis, In re--Paulsen v. Davis

Ruling: 
Plaintiff had no claim regarding the property of an LLC owned by debtors because theassets of the LLC were not property of debtors or property of the estate. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on August 13,2021, LexisNexis #1021-012

Frausto, In re

Ruling: 
Trustee was entitled to turnover of a vehicle as the court could not recognize a resultingtrust in a motor vehicle. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on April 29,2021, LexisNexis #0621-040

Gurbacki, In re--Moss v. Gurbacki

Ruling: 
Creditor's amended complaint for nondischargeability due to willful and malicious injury didnot relate back to her timely filed original complaint where it was not based upon the same setof operative facts. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on March 30,2021, LexisNexis #0521-065

Glodowski, In re

Ruling: 
Motion for sanctions granted where movant met her burden of proof to establish that the casewas filed for an improper purpose, including to delay the parties' divorce and to increase costs.(Bankr. D. Neb.)
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Consumer case opionion summary, case decided on March 10,2021, LexisNexis #0421-074

Raymer, In re

Ruling: 
Chapter 12 debtors' request to use cash collateral to pay post-petition expenses denied. (Bankr.D. Neb.)
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Consumer case opionion summary, case decided on February 10,2021, LexisNexis #0321-069

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