Automobile Fin. Corp. v. Gray (In re Gray)

Feb

2007

Ruling

Debt based on checks drawn on insufficient funds was nondischargeable.

Procedural posture

Plaintiff creditor provided floor-plan financing to defendant debtor so that the debtor could purchase inventory for his used car business. Plaintiff filed a claim against debtor for non-dischargeability of amounts that were owed because the debtor wrote bad checks to the creditor. The creditor sought partial summary judgment, claiming that collateral estoppel prevented the debtor from relitigating his liability for the eight bad checks.

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Court :

District of Nebraska ( Judge Saladino ) [ Bankruptcy Court ]

opinion summary, case decided on February 15, 2007 , LexisNexis #0407-131

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11 U.S.C.

Duncan v. Educational Credit Mgmt. Corp. (In re Duncan)

Jan

2007

Ruling

Widowed, cancer-stricken debtor in no-asset case entitled to undue hardship discharge of student loan debt.

Procedural posture

Plaintiff debtor filed a complaint against defendant creditor to determine dischargeability of the debtor's student loans under 11 U.S.C. § 523(a)(8). The debtor claimed that discharge was warranted because of an undue hardship.

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Court :

District of Nebraska ( Judge Saladino ) [ Bankruptcy Court ]

opinion summary, case decided on January 16, 2007 , LexisNexis #0207-060

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11 U.S.C.

In re Mitchell

Jan

2007

Ruling

"Monthly disposable income" is to be determined using Form B22C, not difference between Schedules I and J.

Procedural posture

The debtor moved for confirmation of her proposed chapter 13 plan and creditor filed an objection. The sole issue in dispute was whether, for purposes of 11 U.S.C. § 1325(b)(1)(B), the debtor's "projected disposable income" was to be calculated by utilizing the means test in Official Bankr. Form B22C or by using the difference between Schedules I and J.

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Court :

District of Nebraska ( Judge Saladino ) [ Bankruptcy Court ]

opinion summary, case decided on January 05, 2007 , LexisNexis #0207-010

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11 U.S.C.
- § 522
- § 522(f)

In re Uhrich

Nov

2006

Ruling

Judgment liens avoided as impairing homestead exemption of single debtor living jointly with co-debtor.

Procedural posture

Debtors one and two were single individuals who jointly own a residence. They both resided there with two minor children. Each filed a separate chapter 7 bankruptcy case, and each claimed a homestead exemption. No objections were filed. Discharges were entered. Debtors moved to reopen their bankruptcy cases to set aside two judgment liens under 11 U.S.C. § 522(f)(1) because the liens impaired their homestead exemptions.

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Court :

District of Nebraska ( Judge Saladino ) [ Bankruptcy Court ]

opinion summary, case decided on November 14, 2006 , LexisNexis #1206-052

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