- Debtor buys home in Omaha before marriage.
- Marriage deteriorates; wife files for divorce.
- Debtor moves out during separation, living in hotels, campsites, and eventually renting a house
8th Circuit Strikes Down SAVE Student Loan Plan
State of Missouri v. Trump, No. 24-2332 (8th Cir. 2025): SAVE Student Loan Plan
The Eighth Circuit Court of Appeals ruled against the Biden administration’s Saving on a Valuable Education (SAVE) plan, declaring that the Department of Education exceeded its authority in implementing broad student loan forgiveness through an income-contingent repayment (ICR) plan
Nebraska Homestead Exemption: New Bankruptcy Court Opinion Issued
The very hot topic in Nebraska bankruptcy courts these days center around how courts apply changes to the homestead exemption law enacted in 2014.
The exemption protects up to $60,000 of equity in a debtor’s home, but the question is whether the exemption is limited the home or to the debtor. In the case
Why Getting Sued is a Good Thing
When you get sued you hang your head. You feel like the battle is lost when the Sheriff delivers the court summons to your door.
But getting sued is not the end of the battle. No, getting sued may be the best thing the other side did to equalize the playing field.
Yes, getting
How to Fill Out the Lawsuit Answer Form
If you were sued on a debt you have 30 days from the date you are served the paperwork to file a written response with the Clerk of the Court.
Let’s review:
- You have 30 days to respond.
- The response must be written
- The response must be filed with the Clerk of the Court.
How
Make them Produce Documents
- Demand to see the invoices and
Interrogatories: Make Them Answer Questions
You were sued on a collection lawsuit and managed to file a written response with the Clerk of the Court within 30 days. Congratulations, you have stopped the entry of a default judgement.
But now what? What is your plan of action after filing a response to the lawsuit?
The next phase is to get
Discovery: What you do after responding to a lawsuit.
If you bothered to file a written response to a lawsuit with the Clerk of the Court, what is the next step?
What happens after you respond to a lawsuit?
Discovery:
The next step in litigation is called “discovery.” It is your opportunity (and the creditor’s opportunity) to get answers to questions. Unfortunately, this tends
Are Zillow Home Values Accurate?
I read this comment from another bankruptcy attorney today:
“Help me understand why the home value (Z)estimates from a company that lost nearly $1 billion of its own money by relying on those (Z)estimates to play in the house flipping market are reliable.”
Home values provided by Zillow are important in bankruptcy cases, even if
Medical Debts. Should you take out a loan to pay them?
An email from a client (edited to preserve confidentiality):
“Good morning. On October 31, 2022, [my husband] had to have surgery to remove his gallbladder. The hospital is requiring payments of approximately $400 a month on the $5,049.97, a sum I am unable to accommodate with our budget. My husband’s income makes us ineligible for