End of Year Bankruptcy Planning to Protect Tax Refund

End of the year bankruptcy planning

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November and December for bankruptcy attorneys is like tax time for accountants. As we head toward the end of the year, bankruptcy filings begin to increase.


One aspect of bankruptcy planning for Chapter 7 bankruptcy cases is making sure as much of a client’s tax refund is protected from the hands of the bankruptcy trustee. A debtor, someone who files for bankruptcy, has an interest in a tax refund on January 1st of the year. Even if they don’t file their tax returns until April 15th. Filing in the new year usually opens the door to allowing the bankruptcy to claim refunds.

We can exempt tax refunds utilizing Nebraska’s “Wildcard” exemption, but under many circumstances, it isn’t enough to protect the entire tax refund. Any portion of your tax refund which is attributable to the Earned Income Credit is also safe.

In the process of bankruptcy planning, a bankruptcy attorney should review the client’s past tax returns the client has provided. If there have been large refunds in the past, there may be a need to file a bankruptcy case before the end of the year.

If there is enough time before a bankruptcy needs to be filed, a bankruptcy attorney may advise the clients to change their withholding so that a large tax refund isn’t received. Instead, the clients will have more disposable monthly income, which may help with the mortgage or car payment.

As a matter of practice, it is always a good idea to make sure you have the proper payroll withholdings even if you are not planning to be filing bankruptcy. You will have more money in your pocket each month to spend on whatever you need to. Some people use the tax refund as a savings device for a special trip or to buy something large, but this is a bad way to save money. You give however much in the form of taxes to the government at 0% interest to you when a portion of those taxes are refunded to you..

If you normally receive $4,800 in the form of a tax refund, that is like putting an additional $400.00 per month in your pocket. If you were to put that into a new Bank of Nebraska Investment Checking Account, earning 3% interest as of November 2013 (NOTE: I am not affiliated nor have an account at Bank of Nebraska), you will have earned nearly $80.00 extra in interest. You just saved a week’s worth of groceries.

In Nebraska, tax refunds are not as much of an issue in Chapter 13 cases.

Bankruptcy planning is more than just planning for protecting a tax refund. Speak with a bankruptcy attorney to see how other assets can be protected by a bankruptcy filing.

Nebraska Supreme Court Upholds Earning Capacity Use For Child Support Calculation

Caldwell Victorious In Nebraska Supreme Court Case

Earning Capacity for Nebraska Child Support

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In late September, I mentioned my argument before the Nebraska Supreme Court regarding an issue dealing with Nebraska Child Support. The  Court held, in Freeman v. Groskopf, 286 Neb. 713 (2013), that using a parent’s earning capacity instead of actual wages is permissible in determining child support under the Nebraska Child Support Guidelines.

Nebraska Child Support Calculation

I’ll leave the intricacies of calculating Nebraska child support for another article, but generally, the income of each parent is inputted into a formula to derive each parent’s portion of child support. But how does a Court determine income if one parent doesn’t work or chooses not to work? Just insert no income? Minimum wage? What if a parent is working in a position that is below his/her abilities or experience and could find a job that pays commensurate with ability, experience, and education? Still list what the parent’s actual wages are?

Earning Capacity

Instead of using actual wages, a Nebraska child support judge can determine a parent’s earning capacity to calculate child support. If a parent is able to work, but chooses not to, a Judge can, based on evidence presented, determine what amount would be appropriate for child support purposes.

Earning capacity can also be used when a parent is working, but is not earning an income commensurate to the skills, education, and experience the parent possesses. As the Nebraska Supreme Court pointed out, “use of earning capacity to calculate child support is useful ‘when it appears that the parent is capable of earning more income than is presently earned.” Rauch v. Rauch, 256 Neb. 257, 264, 590 N.W.2d 170, 175 (1999).

Voluntary Wastage or Dissipation of Talent

A common scenario in Nebraska Child Support cases occurs when a parent requests a Court to modify their current child support obligation due to no longer having a job or accepting a lower paying job than when the original child support order was made. If the parent quit the job, lost the job due to his/her own fault, or purposefully took a lower paying job to skirt his/her child support obligation, the Nebraska Child Support Court can use earning capacity, again, if there is sufficient evidence present, in calculating child support.

Consider Caldwell Law for your Nebraska Child Support issues or appealing a child support order you believe is contrary to the law.


Equal Parenting Fight in Nebraska Headlines Again

Joint Custody Presumption in Nebraska

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You may recall that I previously advocated that in all divorce and paternity cases in Nebraska that there should be a presumption that joint custody is in the child’s best interest. The Nebraska legislative bill addressing joint custody and equal parenting time was killed during the 2013 legislative session.

A fight between the Nebraska Bar Association, the association that all Nebraska attorneys are required to join regardless of views, and State Senator Russ Karpisek reared its head this week.

The Senator called into question whether the Bar Association, who opposed the bill last legislative session, would be unbiased when it decided to appoint an ad hoc committee to study the joint custody-equal parenting time situation.

Specifically, the Senator called out attorney Paul Snyder, who sits on the ad hoc committee and recently stated that such a presumption of joint custody “starts out in la-la land” and would take the state back 30 or 40 years.

Jane Schoenike, the bar association executive director, stated the bar association is fine with parents who agree on joint custody, but is concerned about “high conflict cases”.

What the bar association representatives and Ms. Schoenike fail to understand is that a legal system that doesn’t place both parents on equal footing creates those “high conflict cases” that she and the association are concerned about. If the presumption were that joint custody is in the child’s best interest, then the only conflict cases will be those which one parent doesn’t believe or feel the other parent should have equal parenting time. It will cut down on judicial resources, the animosity between the parents, and provide the child with a stable relationship with both parents.

There is also another thing this presumption cuts into…attorney fees. You heard it here from an attorney! If there are not parents fighting for full custody or joint custody under the current system (which is what most parents who are not going to get full custody want anyways) then family law attorneys in Nebraska lose money.

I advocate for the presumption that joint custody and equal parenting time is best for children. Full custody to one parent with minimal time with the other parent is not in the child’s best interest and should only be given in special circumstances.

Who benefits from a joint custody presumption? The children. Which is something it appears the Nebraska Bar Association is against.

Will ObamaCare Decrease Medical Bankruptcies?

Filing Bankruptcy for Medical Bills

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With a major provision of ObamaCare coming to fruition in the coming days, I thought it would be interesting to see how this new law regulating the health insurance industry will affect medical bankruptcies.

Back in April 2013, President Obama, in defending ObamaCare, said, “nobody should go bankrupt if they get sick...”

While it’s true that people do file bankruptcy because of medical bills, and there is a variety of research and surveys that state nearly 60% of all bankruptcies were due to medical bills, the research is flawed. (One case study indicated a bankruptcy was a medical bankruptcy if the debtor had more than $5,000 in medical bills. It didn’t matter if the debtor had $100,000 in credit card or other debt.) I can certainly say that 60% of my clients didn’t file bankruptcy because of medical bills. In fact, very few have medical bills that are greater than things like student loans, mortgage debt, or even credit card debt.

The Effect of ObamaCare on Medical Bankruptcy

The research suggests, even the research that states 60% of bankruptcies are due to medical bills, that those who filed bankruptcy for medical bills had insurance.

ObamaCare mandates that all people purchase health insurance and there are a variety of plans (bronze, silver, gold, and platinum). The better the metal, the better the coverage, the more you pay, the less you pay out of pocket. Oh yes, you still get to pay out of pocket.

And that is where most people get into trouble. Those being forced to purchase a bronze plan that covers 60% of costs, according to the Nebraska Department of Insurance, will have to pay 40% out of pocket. While they may get subsidies from the federal government to pay for the premiums for these plans, where are cash strapped Nebraskans going to come up with 40% for the costs of an expensive procedure?

Medical Bankruptcy Conclusion

ObamaCare does nothing toward President Obama’s goal that no one should go broke and have to file bankruptcy due the medical bills.

If you are suffering from medical bills and don’t see a way out, contact me and we can discuss if a medical bankruptcy is right for you.


Child Support Earning Capacity-Nebraska Supreme Court Family Law Appeal

Caldwell Argues Before the Nebraska Supreme Court

I recently had the privilege to argue a Nebraska family law appeal in front of the Nebraska Supreme Court regarding a family law case dealing with how child support should be calculated under the Nebraska Child Support Guidelines.

Basic Facts:

Here are the basic facts and the Nebraska paternity court’s decision:

Earning Capacity or Actual Wages for Calculating Nebraska Child Support:

The father of a minor child would not hold steady employment while obligated to financially support his child. The father would hold a job for a short time and then would quit to change careers, take voluntary jobs, or go back to school. The argument made was that for purposes of calculating child support, the father’s income should only be listed as minimum wage. The mother’s argument, my client, was that the father had an earning capacity much greater than minimum wage. The last job the father held before trial had him receiving over $15.00 an hour before he voluntarily quit that job to attend further schooling. The Nebraska paternity court determined that for purposes of calculating child support, father earned over $15.00 an hour.

Parent’s Duty to Contribute to Child’s Daycare Expenses:

During a previous modification case, the father earned income that put him under the poverty restrictions of the Nebraska Child Support Guidelines. This prohibited the paternity court from ordering that the father pay a portion of healthcare or daycare expenses. The mother’s argument is that now that the father’s earning capacity places him above the poverty restrictions, the paternity court should order and require that father pay a portion of these expenses. The Nebraska paternity court denied ordering father to pay these expenses.

Are Nebraska Child Support Orders Retroactive To The Beginning Of The Case:

This modification was filed in February 2012 and trial was not complete until September 2012. The mother argues that due to father’s bad faith (not answering discovery questions, constantly quitting jobs, etc.) the new child support order should be retroactive to the first day of the month following the modification case being filed. The father argues that doing so would create a huge financial burden on him and would additionally create an instantly large child support arrearage for the missed months. The Nebraska paternity court denied having the child support order retroactive to the beginning of the case.

Legal Issues Before the Nebraska Supreme Court:

  1. Should the Nebraska paternity or divorce court use a parent’s earning capacity rather than actual wages when a parent either refuses to work or voluntarily quits employment to elude his financial responsibility to his child.
  2. Should a parent be obligated to pay a portion of a child’s daycare expenses when the other parent is working.
  3. Should a Nebraska paternity or divorce court’s child support order be retroactive to the date the case began.

Nebraska Supreme Court Decision:

The Nebraska Supreme Court has not yet issued a decision in this case, but as soon as it is released, this blog will analyze it.

Click here for more information on the Nebraska Appeal process and how to appeal a family law case.


Nebraska Bankruptcy Court Makes Avoiding Liens on Vehicles Nearly Impossible

Lien Avoidance in Nebraska Bankruptcy nearly impossible.

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For some time, avoiding the lien on a vehicle in a Nebraska bankruptcy case was quite common.

If the debtor had what is called a non-purchase money security loan on an owned vehicle, meaning a creditor took out a security interest on property the debtor already owned (“a lien”), AND that lien impaired the Nebraska exemptions a debtor is entitled to under bankruptcy law, a bankruptcy attorney could request that the lien be avoided.

This allowed the debtor to own the vehicle free and clear of any interest of the creditor.

Avoiding liens in this manner ended upon the Nebraska Bankruptcy Court’s decision in In re Cardwell, BK 13-40623 last week.

The Bankruptcy Code allows a debtor to avoid a non-purchase money security lien on property such as household goods and furnishings, clothes, appliances, books, musical instruments, crops, animals, jewelry, prescribed health aids, and “tools of the trade”.

Note, the Bankruptcy Code does not list vehicles.

In Nebraska law, “tools of the trade” is defined as a motor vehicle used for someone’s business or used to get a person to and from work. It is the “tools of the trade” Nebraska bankruptcy exemption used frequently to protect a debtor’s vehicles from being liquidated by the bankruptcy trustee.

Debtor’s attorney in Cardwell argued that “tools of the trade” as used in the Bankruptcy Code to avoid liens should be the same used to define “tools of the trade” under Nebraska Bankruptcy Exemption law. The creditor’s attorney argued that while bankruptcy exemptions are defined by state law, Bankruptcy law is a federal law and “tools of the trade” under bankruptcy law should be defined by federal law.

The Nebraska Bankruptcy Court sided with the creditors and held that in order to avoid a lien on a vehicle in bankruptcy, a debtor had to prove that the vehicle was a reasonable necessity in the debtor’s trade or business and regularly uses the vehicle as a tool for the business. It specifically stated that a vehicle used solely for commuting to work is not a tool of the trade under Bankruptcy law.

The lien avoidance of vehicles in Nebraska bankruptcy cases is now limited to situations where the debtor has a business that the vehicle is regularly used for. No longer do normally employed debtors who use their vehicle to commute to work be allowed to avoid non-purchase money security liens on vehicles in Nebraska bankruptcy cases.

Divorce Waiting Period: Quicker to Get Married Than Divorced in Nebraska

Nebraska Divorce Waiting Periods

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It’s easy to get married in Nebraska. Get a marriage license from the county clerk, have someone officiate in front of witnesses, and you’re married.

Getting divorced and remarrying takes a little bit of time.

Divorce Waiting Period

I have had divorce clients who are frustrated to learn that there is a waiting period before their divorce can be finalized.

After a Complaint for Dissolution of Marriage (what we call a Petition for Divorce in Nebraska) is filed by one spouse, the other spouse must be served with the Complaint. Once the other spouse has been served the Complaint in a manner consistent with Nebraska law, a 60 day waiting period is in place that prevents the couple’s divorce from becoming final until it expires.

The divorce waiting period is sometimes called the “cooling off period” because it is intended for the parties to try and reconcile the marriage. This usually doesn’t happen.

The 60 day waiting period is not that much of an issue in most Nebraska divorce cases unless it is an uncontested case. For most cases, the average length of time of a case is 6 months.

Regardless of the divorce waiting period, we still try to get your case resolved within that time.

While the 60 day divorce waiting period frustrates a spouse who really wants to get divorced, the post-divorce waiting period infuriates some people.

Nebraska Post-Divorce Waiting Periods

Once everything is said and done, you will have a final hearing or trial in front of a Nebraska Divorce Judge and a Decree of Dissolution of Marriage will be entered and filed with the Clerk of Court.

Congratulations! Think you’re divorced. No, not yet.

Nebraska also has a 30 day and 6 month post-divorce waiting period, but they only apply in certain situations.

The 30 day post-divorce waiting period allows for a party to appeal the Decree of Dissolution of Marriage. After 30 days has passed, no appeal can be taken, although a District Court can reconsider the Decree. We won’t go into that. Maybe another day.

The other post-divorce waiting period prevents a party to re-marry anyone in the world, other than the former spouse, for a period of 6 months after the Decree is entered and filed with the Clerk of Court or the death of the former spouse.

Divorce Waiting Period Conclusion

Parties getting divorced need to understand that certain waiting periods are in place. These waiting periods are in place so that people are not jumping into and out of marriage quicker than Hollywood actors.

If you have questions about the divorce waiting periods, let me know.

How to Complete Your Bankruptcy Schedules in a Chapter 7 Bankruptcy Without a Nebraska Bankruptcy Attorney

Complete Bankruptcy Schedules with Nebraska Bankruptcy Attorney

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We cross the halfway point in the five-part series on “How to Complete a Consumer Chapter 7 Bankruptcy without a Nebraska Bankruptcy Attorney”.

The first article dealt with completing the Means Test, a crucial step in determining whether you can proceed with Chapter 7 Bankruptcy.

The second article focused on find your creditors and properly listing them on the Chapter 7 Bankruptcy Petition.

This article will provide the information needed to complete Bankruptcy Schedules A, B, and C.

When Listing your Property on Your Petition, Be Truthful and Descriptive

If you are an avid reader of this site, you know that a Chapter 7 Bankruptcy is used to liquidate your property in exchange for eliminating your debt. So it only makes sense that a debtor would be required to list their property so that a bankruptcy trustee can liquidate it.

Why can’t I just not list that I have property?

Bad idea!

The first reason is that failing to list your property is an act of perjury and bankruptcy fraud. You sign and file the bankruptcy schedules and petition under penalty of perjury.

The second reason is that if you fail to list all of your property, your bankruptcy discharge may not be granted.

Be truthful and list all of the property you own and be specific when describing the property.


I’ve sat through hundreds, if not thousands, of Creditor Meetings. For whatever reason, Do-It-Yourself Debtors (those who decide not to hire an attorney), get really tripped up with filling out Bankruptcy Schedules A, B, and C.

Do-It-Yourselfers fail to list common items of property in their schedules. Clothes, bank account balances, potential inheritances, child support arrears. It gets nasty because the bankruptcy trustee is thinking, “If the debtor doesn’t even list that they own clothing, what else are they hiding?”

Schedule A: Real Property

Completing Bankruptcy Schedule A isn’t too difficult. If you own a house, building, or land, you describe the property and provide its value. Simple.

Schedule B: Personal Property

Most Do-It-Yourself-ers get mixed up on Bankruptcy Schedule B. This bankruptcy schedule lists out a variety of different categories of property. If you own property in that particular category, describe it in detail.

How detailed?

I tend to want to give the bankruptcy trustee as much information as he or she would want to know about an item. It takes away the potential for the trustee to ask in-depth questions at the Meeting of Creditors. I don’t want my client there any longer than he or she has to be. For vehicles, I provide the year, make, model, condition, and mileage. For bank accounts, I state which bank, type of account, and the last 4 digits of the account.

Common Mistakes when filling out Schedule B

Don’t make mistakes on Bankruptcy Schedule B. You don’t want the court or bankruptcy trustee questioning you. We have already mentioned failing to list clothing, but here are some other common mistakes.

  • I hear all the time that my client “doesn’t want to file bankruptcy on our cars”. If you own a car, you need to list it on Schedule B. Whether you get to keep it will be discussed later.
  • Do you have wedding rings? Other jewelry? List it! I’ve seen countless times Do-It-Yourself-ers not include wedding rings on Bankruptcy Schedule B, but where them to the Meeting of Creditors! The bankruptcy trustee then questions them about it, and continues grilling about other topics because of the failure to include rings.
  • If you don’t think something has any value, you still include it. To you it may not hold any value, but the trustee might be able to find someone willing to pay something for it.
  • Ever own a business that didn’t even get off the ground? Yep, list it.
  • Recent car accident? You may have a claim against the other driver. It is property that needs to be listed.
  • Former spouse behind on alimony or spousal support? It’s property too.
  • A common question I get is, “I’m on the paperwork for a (car, bank account, whatever) that belongs to my (friend, child, relative). Do I include it as property? Yep, you jointly own it.
  • Own property that doesn’t seem to fit any of the listed categories? Still list it. Bankruptcy Schedule B provides an “Other Property” category just for this purpose.

Schedule C: Property Claimed As Exempt

You should know from reading this site that in a Chapter 7 Bankruptcy, a debtor is able to exempt certain property so that a trustee is unable to claim it and sell it. I’ve discussed exemptions before and won’t go into detail here.

Determining exemptions is probably the most important aspect of the entire Chapter 7 Bankruptcy Petition process. It requires a knowledge of available exemptions and how they are properly applied. As such, I would not recommend figuring it out without the help of a knowledgeable Nebraska Bankruptcy Attorney.

Bankruptcy Preference Payments Waste Your Money And Harm Family Members

Bankruptcy Preference Payments to Family Members may not be the right idea.

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I was sitting at the Section 341 Meeting of Creditors waiting for my client’s name to be called. The monotonous and repetitious questions to the other bankrupt debtors were beginning to get hazy when I heard a response from a debtor and his attorney turn the usually ordinary Meeting of Creditors into an investigation into Bankruptcy Preference Payments for transfers of bankruptcy estate property.

Meeting Of Creditors Transcript

Trustee: Have you paid any creditors more than $500 within 90 days prior to filing your petition?

Debtor: No.

Trustee: Have you paid any family members or business partners more than $500 within the last year prior to filing your petition?

Debtor: Within the last year? I paid my parents back on money I owed them.

Trustee: Was that within the past year?

Debtor: It was a couple weeks before I filed bankruptcy.

Trustee: How much did you pay them?

Debtor: How is this relevant? I owed them the money. I couldn’t file bankruptcy on my parents.

Trustee: Counselor, can you direct your client to answer my questions?

Attorney: How much did you pay them?

Debtor:  Probably $5,000.00.

Trustee: Was this payment listed in your Scheduled?

Attorney: Unfortunately, no. This is the first I’m hearing of this.

Trustee: What are your parents’ names, address, and phone number.

The remainder of the transcript got somewhat contentious, but the bankruptcy trustee eventually got the information he was looking for.

What are Bankruptcy Preference Payments?

Why was the questions pertaining to payments made by the debtor to the family members relevant?

11 U.S.C. 547 of the Bankruptcy Code allows the bankruptcy trustee to avoid a transfer made for the benefit of a creditor, within 90 days of the bankruptcy filing for ordinary creditors, or within 1 year of the bankruptcy filing for insiders, such as family members and business partners. The transfer must enable the creditor to receive more that it would under a Chapter 7 Bankruptcy Liquidation case had the transfer not been made.

Boiled down to it, a debtor can’t prefer, or give preference, to pay one creditor over another. It’s fundamentally not fair.

The debtor owed his parents money. In this instance, the debtor gave preference to his parents to the exclusion of all of the other of debtor’s creditors. These bankruptcy preference payments, from debtor to family members, can be avoided by the trustee. The parents would need to turnover the $5,000 they received so the trustee can distribute it equally among all of the creditors equally.

How to Protect Family Members from Bankruptcy Preference Avoidance?

Regardless of the situation, if you owe a family member money, the creditor must be listed on the debtor’s bankruptcy filing and the debtor owed would likely be granted a discharge of debt. Nothing prevents the debtor from paying the family members after the debtor’s bankruptcy case is over. A debtor should discuss his intentions with the family members, but when a discharge is issued, the debtor technically is no longer obligated to pay back the family members.

Under no circumstances should the debtor pay money to family members for a debt owed prior to the bankruptcy filing. If the debtor has money saved up intended to go to the family members, there may be a way to exempt the money so it could be given to the family members after the bankruptcy case is closed.

Nebraska Supreme Court Criticizes Confused Appeal Attorney

Nebraska Supreme Court Criticizes Confused Appeal Attorney

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The Nebraska Supreme Court recently affirmed a ruling by a Lancaster County District Court Judge granting judgment to the State of Nebraska in a case where a state employee alleged that she was discriminated against by the State of Nebraska when it implemented an insurance policy that divided plans based upon zip codes.

The state employee alleged that she was provided inferior health insurance plan choices in 2007 and 2008 because of the zip code in which she resided. She alleged that the zip codes effected by the change in insurance policy were those where approximately 96% of black state employees work. The zip codes starting with 680, 681, and 685, which cover Omaha and Lincoln, Nebraska, were effected.

State employees were given the option of enrolling in 4 different health care plans. Those employees in the Lincoln and Omaha area were provided an HMO plan or a Point-Of-Service (POS) plan from Mutual of Omaha and a Preferred Provider Organization (PPO) plan or a “High Deductible” PPO plan from Blue Cross/Blue Shield of Nebraska. Those in all other zip codes in Nebraska could choose the PPO or “High Deductible” PPO from Blue Cross/Blue Shield of Nebraska, or could choose from a Blue Cross/Blue Shield of Nebraska HMO plan or POS plan.

The issue is whether the HMO and POS plans provided by Mutual of Omaha were inferior to the Blue Cross/Blue Shield of Nebraska HMO and POS plans.

The evidence presented by the State of Nebraska clearly established that the plans were nearly identical, except for one difference…the amount those in the effected zip codes paid for premiums for Mutual of Omaha plans. As the Nebraska Supreme Court held, “…across the board, the premiums paid in zip codes starting with 680, 681, and 685 were cheaper than the Blue Cross/Blue Shield counterparts.” (emphasis added).

The more interesting aspect of the Nebraska Supreme Court opinion, which can be found on the Nebraska Judicial webpage, is the subtle criticism laid upon the state employee’s attorney. The attorney failed to comprehend what was needed to be proved, who had the burden of proving discrimination of the plans, and making the mistake of comparing the wrong plans to each other.

Instead of arguing that the Mutual of Omaha HMO plan was inferior to the Blue Cross/Blue Shield of Nebraska HMO plan, the state employee’s attorney argued that the Mutual of Omaha HMO plan was inferior to the Blue Cross/Blue Shield of Nebraska POS plan and vice-versa.

The Nebraska Supreme Court points out that, “she (state employee) often compares the wrong Blue Cross Blue Shield plan with the wrong Mutual of Omaha plan. Doing so creates an incorrect impression that the plans she was offered were inferior.”

Additionally, the attorney never provided evidence to corroborate the allegations other than her client’s own testimony. No reference to the insurance plans to establish the inferiority and no expert witness evidence that would provide probative value to the issue were given. The only evidence before the District Court were the plan policies themselves and the employee benefits manager who detailed how the policies were equivalent to one another.

When hiring an attorney it is important to determine whether the attorney understands your case in a way that can be effectively argued. Facts and details given are important at the trial court level and even more important in the appellate court level, whether in front of the Nebraska Court of Appeals or Nebraska Supreme Court.

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