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Summary: 185 B.R. 59 (1995) In the Matter of Timothy W. TOBIASON, Debtor. The debtor will also receive $6,000.00 in consulting income in 1995, however this money will be used to pay income taxes owed by the debtor. Third, the objecting creditors assert that the debtor has only provided for a three year plan when a five year plan is possible, as the debtor will continue to receive consulting income after completion of the proposed plan. In addition to the percentage payment, the court may consider other f......read more.


Summary: 178 B.R. 801 (1995) In the Matter of Michael T. RAHE and Tamara A. Rahe, Debtors. This matter comes before the court on the trustee's proposed sale of a 1985 Mazda 626 to Tad D. Eickman and his insurer, Union Insurance Company, Lincoln, Nebraska for $2,000.00 cash.


Summary: 325 B.R. 842 (2005) In the Matter of Carol Ann McKAIN, Debtor. Trial was held in North Platte, Nebraska, on April 15, 2005, on the debtor's motion for turnover (Fil.In the period between submitting information for the schedules in July 2003 and the bankruptcy petition and schedules actually being filed in March 2004, the debtor received child support payments and state and federal income tax refunds, and created a lien on her car. Second, the trustee objects to the debtor's attempt to exempt the......read more.


Summary: 166 B.R. 697 (1993) In the Matter of William POPP, Debtor. Background William F. Popp filed this Chapter 7 Bankruptcy proceeding on April 23, 1993. The bankruptcy filing stayed a pending prepetition replevin action initiated by secured creditor Gering State Bank (Bank) against the Debtor Popp in the Scotts Bluff County District Court to recover farm equipment and machinery. The Debtor asserts that the sale of the property will result in approximately $18,552.00 in taxes owed by the Debtor if the......read more.


Summary: 63 B.R. 163 (1986) In the Matter of Harold D. SCHULZ, Debtor. At a hearing on October 4, 1985, with both Creditor and Debtor appearing by counsel, Debtor was granted 45 days to assume or reject the lease in question. The motion for relief alleged that since the debtor had taken no action concerning the lease, it should be deemed rejected and that it was, therefore, not necessary for an effective reorganization; that the Debtor had no equity in the lease or in the equipment subject to the lease; ......read more.


Summary: 337 B.R. 684 (2006) In the Matter of Jill VASINA, Debtor. Hearing was held in Lincoln, Nebraska, on January 18, 2006, on the debtor's motion to avoid lien (Fil. In this case, however, Ms. Vasina asserts that § 522(g)(2) protects her exemption because it permits a debtor to exempt property recovered by the trustee, notwithstanding §§ 550 and 551, if the debtor could have avoided the transfer under § 522 (f) (1) (B).


Summary: 155 B.R. 519 (1993) In the Matter of Jennifer L. MEISNER, Debtor. A court may take into account a wide variety of factors when considering the totality of the circumstances, including, without limitation, (1) whether the debtor has stated her debts and expenses accurately, (2) whether the debtor has made any fraudulent misrepresentations, and (3) whether the debtor has unfairly manipulated the Bankruptcy Code.


Summary: 77 B.R. 223 (1987) In the Matter of Neal J. HASCHKE and Mary C. Haschke, Debtors. Findings of Fact The debtors, Neal J. Haschke and Mary C. Haschke, filed for relief under 11 U.S.C. Chapter 12 on February 26, 1987. The Bank and the PCA have moved to dismiss on the grounds that the debtors are not "family farmers" as defined by § 101(17) of the Code, specifically alleging that the debtors did not receive more than 50% of their gross income from a farming operation in the taxable year preceding th......read more.


Summary: 23 B.R. 130 (1982) In the Matter of George W. ANDERSON and Shirley M. Anderson, Debtors. George W. ANDERSON and Shirley M. Anderson, Plaintiffs, v. MONTGOMERY WARD & CO., INC., Defendant. On or about September 10, 1980 George W. Anderson, Sr. and Shirley M. Anderson, hereinafter referred to as debtors, entered into a revolving charge account agreement with Wards and were issued a Wards credit card.


Summary: 21 B.R. 123 (1982) In the Matter of Theodore V. OLSON, Sandra Ann Olson, Debtors. On the 1st day of May 1982, the Debtors' motion to disqualify Jerrold L. Strasheim and the firm of Baird, Holm, McEachen, Pederson, Hamann & Strasheim ("Firm") as counsel for the O'Neill Production Credit Association for conflict of interest came on for hearing. Theodore and Sandra Olson ("Debtors") have been farming in and around Atkinson, Nebraska since 1954. On or about March 1, 1982, the Debtors filed a volunta......read more.


Summary: 217 B.R. 585 (1998) In the Matter of Martin K. WYANT, II, Debtor. On June 6, 1996, about 5 weeks before this bankruptcy case was filed, the debtor and Christel Wyant were divorced by a decree of the District Court of Cass County, Nebraska. The debtor appealed the divorce decree to the Nebraska Court of Appeals asserting that the $1,100.00 monthly alimony and pension awarded Ms. Wyant was excessive, that the court improperly awarded a pickup truck to Ms. Wyant, that Mr. Wyant should have *587 bee......read more.


Summary: 203 B.R. 162 (1996) In the Matter of UNITED IMPORTS, INC., Debtor. This is a core proceeding as defined by 28 U.S.C. § 157(b)(2)(G) Background Time Warner Cable of New York City (Time Warner) filed its motion for relief from the automatic stay on August 9, 1996 to continue its lawsuit against the debtor in the Eastern District of New York. In the litigation that was stayed by the filing of the debtor's petition, Time Warner alleges that the debtor has violated 47 U.S.C. §§ 553 and 605 and New Yo......read more.


Summary: 183 B.R. 571 (1995) In the Matter of Daniel JANECEK, Debtor. I reject General Electric's assertion that a debtor's objective inability to repay credit card debt at the time a charge is made should result, as a matter of law, in excepting the charges in question from discharge. FINDINGS OF FACT The debtor, Daniel Janecek filed Chapter 7 bankruptcy in January of 1994. BAP 1988), adopted by this court in Matter of Troutman, 170 B.R. 156 (Bankr.D.Neb.1994), it was established that in order to hold a......read more.


Summary: 117 B.R. 975 (1990) In the Matter of David C. NUTTLEMAN and Diane E. Nuttleman, Debtor. *976 David Nuttleman, Gering, Neb., and Nokomis, Fla., pro se. The debtor, David Nuttleman (debtor) appeared pro se. The matter before this Court concerns the debtors' claim of exemptions in the proceeds of a pension plan of David C. Nuttleman which is held by Prudential Insurance Company. BACKGROUND Debtors, David C. and Diane E. Nuttleman, (debtors) filed a petition under Chapter 7 of the Bankruptcy Code on......read more.


Summary: 200 B.R. 234 (1996) In the Matter of UNITED IMPORTS CORP., Debtor. Background Prior to filing its voluntary petition in Chapter 11, the debtor, United Imports Corp. was named as a defendant in litigation initiated by Time Warner Cable of New York City, a division of Time Warner Entertainment Company, Inc., L.P. (Time Warner). Decision The discovery obligations of the debtor and the First National Bank of Omaha and Joseph Abboud, in his capacity as President or other officer of the debtor, pursua......read more.


Summary: 22 B.R. 356 (1982) In the Matter of PRIDE FOODS, INC., Debtor. The term "custodian" is specifically defined in Bankruptcy Code § 101(10) as a, (A) receiver or trustee of any of the property of the debtor, appointed in a case or proceeding not under this title; (B) assignee under a general assignment for the benefit of the debtor's creditors; or (C) trustee, receiver, or agent under applicable law, or under a contract, that is appointed or authorized to take charge of property of the debtor for t......read more.


Summary: 195 B.R. 435 (1996) In the MATTER OF Harlan and Elvira SCHNAKENBERG, Debtors. Debtors have reopened the case and filed a Motion to Modify the Confirmed Chapter 12 Plan. The debtors completed the payments to unsecured creditors in 1990, and on January 10, 1991, I entered an order discharging the debtors under Bankruptcy Code § 1228. In an order dated December 5, 1995, I ruled that upon confirmation of the debtors' Chapter 12 plan, the debtors' obligations to the USA were consolidated into a singl......read more.


Summary: 114 B.R. 670 (1990) In the Matter of JoAnn KINNEY, Debtor. The limited question now considered is whether the bankruptcy court has subject matter jurisdiction to enter judgment against plaintiff upon defendant's counterclaim seeking judgment for the unpaid balance of the loan. FACTS Plaintiff, JoAnn Kinney, a debtor in this Chapter 7 bankruptcy case, commenced this adversary proceeding seeking a determination that a $3,083.54 student loan debt is dischargeable in bankruptcy.


Summary: 217 B.R. 581 (1998) In the Matter of Scott & Janice NIDIVER, Debtors. The reaffirmation of pre-petition debt for bankruptcy related legal services raises three issues: First, is debtors' counsel disqualified from representing the debtors in connection with the bankruptcy case because, as a pre-petition creditor, counsel does not qualify as a "disinterested" person under sections 327 and 328 of the Bankruptcy Code? I conclude that bankruptcy counsel is not disqualified from further representation......read more.


Summary: 98 B.R. 490 (1988) In the Matter of Donald D. RUTT, Fred C. Ress and Patricia Ress, Pamela Marie Wolter, Debtors. The Trustee is required by the Bankruptcy Code, Section 1302, to, among other duties, receive payments from debtors and/or debtors' employers, disburse payments to debtors' creditors pursuant to plans confirmed by the Court and account to debtors, creditors and the Court for all receipts and disbursements. Although the Notice of Levy does not so indicate, the individual taxpayer whos......read more.