There is a limit as to how much property is protected in bankruptcy, and debtors who own a 
significant amount of property are frequently tempted to transfer the property out of their name before the case is filed. Anticipating this temptation, bankruptcy laws give the Chapter 7 Trustee the power to retrieve the transferred property
Reinstating a Driver’s License in Bankruptcy
Most states, including Nebraska, have financial responsibility laws that suspend a driver’s license if a person causes an accident and lacks insurance to fully pay the resulting damages.
Filing bankruptcy may allow a person to immediately reinstate their license in most cases, but there are special rules that apply.
- No alcohol or drugs contributed to
What happens if I forget to list a debt?
What happens if a person fails to list a debt on their bankruptcy case? That exact question was presented to the Nebraska bankruptcy court when debtor Peggy Gonzalez failed to list her landlord as a creditor in a Chapter 7 case (Nebraska Bankruptcy Case 09-81123). After the bankruptcy case was completed, the landlord sued Ms.
Real Nebraska Unemployment Rate at 8.4%
I keep reading these stories about how great the Nebraska economy is and how low the unemployment rate is low compared to other states, but based on what I am seeing and hearing in my office these days I have a hard time believing the news. Yet, they keep reporting the Nebraska unemployment rate at
Nebraska Homestead Exemption Denied to Common Law Spouse
The Nebraska Bankruptcy Court has ruled that an unmarried debtor who resided in his home with his long-time girlfriend cannot protect the equity in his home under the Nebraska Homestead Exemption. See In re Chrisman, Nebraska Bankruptcy Case 11-41281-TJM. The debtor, Mark Chrisman, filed Chapter 7 in May of 2011 and listed a home
How Long is a Chapter 13 Case?
Chapter 13 cases involve a payment plan over 3 to 5 years. No case may be completed in less than 3 years (unless an undue hardship exists), nor may the plan extend beyond 5 years.
Since 2005, the Bankruptcy Code now requires that debtors whose income is above the median family income levels to remain
8th Circuit Court Allows Lien Stripping in No-Discharge 13 Cases
The 8th Circuit Bankruptcy Appellate Panel has allowed a debtor who was ineligible to receive a discharge in a Chapter 13 case to strip wholly unsecured liens filed against a debtor’s homestead. In the case of In re Fisette, No. 11-6012 (8th Cir. BAP Aug. 29, 2011), the debtor was ineligible to receive a
Got Sued? How to Respond to a Civil Lawsuit in Nebraska.
Somewhere between 30 to 50 thousand civil lawsuits are filed in Nebraska each year. Unfortunately, very few people actually bother to respond to the lawsuit and therefore suffer a Default Judgment being entered against them. I would estimate that over 90% of the debt collection lawsuits result in uncontested default judgments.
Here is what you
Mortgage Fraud Exposed
Over the past few years we have been hearing stories of phony legal documents used by foreclosure firms. As a bankruptcy attorney I receive a lot of literature about how banks have “lost” thousands of mortgage documents and that many of the foreclosures conducted in the country are illegal since there is no written proof
How Often Can You File Bankruptcy?
How long do you have to wait to file bankruptcy if you have filed in the past?
The answer is that there is no limit to how many times you may file bankruptcy, but there are a few special rules governing how often a bankruptcy case will discharge your debts when you have filed before.