Reported at 22 B.R. 38. A debtor who causes a car accident when driving while intoxicated is negligent, but absent evidence of his deliberate intent to cause harm, has not committed a willful and malicious injury under section 523(a)(6)
Opinions
The District of Nebraska offers a database of opinions for the years 1997 to 2011, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.
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Frank Castiglia, Jr. v. Steven Morgan (In re Morgan), BK81-1834, A82-6 07/28/198207/28/1982
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Lyle DeBrunner, Ch. 13, BK82-129 07/28/198207/28/1982
Reported at 22 B.R. 36. Lender’s unsecured claim is non-contingent and liquidated. Therefore, even though it is disputed, it should be included in the debt total under sec. 109(e) when determining whether debtor is eligible for Chapter 13 relief
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Clay & Sarah Statmore, Ch. 13, BK80-2583 07/28/198207/28/1982
Reported at 22 B.R. 37. Section 1325(a)(4)’s reference to liquidation “on such date” means the petition date. Thus, debtors’ proposed plan modification based on current lack of assets fails because debtors had non-exempt assets on the petition date
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Crete Aerial Spraying, Inc., Ch. 7, BK80-449 07/21/198207/21/1982
The court denied the fee application by debtor’s counsel because it was filed late. Local rules required such fee applications to be filed prior to notice of the final meeting of creditors; counsel in this case had no explanation for the delay
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John Alger, Sr., Ch. 11, BK82-O-74, Civ. 82-O-311 07/12/198207/12/1982
Opinion from the district court which denies the debtor’s motion to proceed with an interlocutory appeal of the bankruptcy court order denying the debtor's motion to dismiss himself from the bankruptcy case
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First Nat'l Bank & Trust Co. of Fremont v. Kenneth Shreves, Trustee (In re Clayton & Marilyn Kock), BK80-375, A80-387, Ch. 7 05/28/198205/28/1982
Reported at 20 B.R. 453. “Transfer” of property, in the form of two mortgages to debtor wife’s parents, occurred when the mortgages were given, not when they were recorded, so the transfer was outside the one-year window of section 727(a)(2)
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Earl & Charlotte Howery v. Avco Fin'l Servs. Int'l, Inc. (In re Howery), Ch. 7, BK80-1145, A81-26 05/26/198205/26/1982
Reported at 20 B.R. 446. Debtors’ efforts to avoid the fixing of a lien – after discharge had been entered and after the creditor had replevined its collateral – were too late. They should have raised the issue as a defense to the replevin action
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St. Paul Equipment, Inc. v. Gary Heimbouch (In re Heimbouch), BK80-1455, A80-427 05/24/198205/24/1982
Plaintiff knowingly accepted an insufficient funds check from the debtor, which he ultimately was unable to make good. The court said that an insufficient funds check, by itself, was not a materially false statement in writing, so the debt was discharged
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Philip Sterling, Ch. 13, BK80-1212 05/24/198205/24/1982
Debtor’s amended Chapter 13 plan could not be confirmed because it lacked good faith under sec. 1325(a)(3). Debtor proposed to pay only 26.6% of his excess income into the plan, failing to devote “all or most” of his excess income to payment of creditors
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Alberta Carda v. Mark Carda (In re Mark Carda), BK81-1421, A81-798 05/24/198205/24/1982
Cash payments "in lieu of alimony" awarded to one spouse in divorce proceedings did not appear to actually be in the nature of alimony or support and were instead part of the division of marital property, and therefore were dischargeable in bankruptcy.