Legal Opinion
In Re Miller
United States Bankruptcy Court, D. Nebraska
Decided November 7, 2000No. 15-81279PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM
JOHN C. MINAHAN, Jr., Bankruptcy Judge.
This matter is before the Court on the objections of Nebraska National Bank (“the Bank”) to exemptions claimed by the debtors for a pickup truck and for sound and music equipment. The objections are sustained. First, I conclude that amended Neb. Rev. Stat. § 25-1556(4) overruled my previous decision in In re Nacktigal and that a spouse may not assert a tool of the trade exemption in co-debtor’s property. Second, I conclude that a debtor may not claim as exempt property intentionally omitted from schedules.
The debtors filed a joint petition for…
2Cases cited4 opinions
- In the Matter of Daniel J. YONIKUS and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YONIKUSCourt of Appeals for the Seventh Circuit · 1993
- Jerry Payne and Deborah Payne, Debtors-Appellants v. Charles R. Wood, Jr.Court of Appeals for the Seventh Circuit · 1985
- Mervyn M. MERTZ, Appellee, v. JoAnn ROTT, Julie Rott Kessel, National Farmers Union Property and Casualty Company, AppellantsCourt of Appeals for the Eighth Circuit · 1992
- Meritor Mortgage Corp. v. Salazar (In Re Salazar)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
3Cited by3 opinions
- In Re GroganUnited States Bankruptcy Court, D. Utah · 2003
- In Re BauerUnited States Bankruptcy Court, D. Minnesota · 2003
- In re HamiltonUnited States Bankruptcy Court, D. New Mexico · 2011