Debtor, a common carrier, was held liable to plaintiff for $93,000 worth of boxed beef which the debtor had been hired to, but did not, deliver to a customer in Rhode Island
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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MBPXL Corp. v. Indiana Refrigerator Lines, Inc. (In re Indiana Refrigerator Lines, Inc.), Ch. 11, BK81-86, A81-665 03/19/198203/19/1982
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Bradford, Coenen & Ashford v. Susan Cobb (In re Cobb), BK81-1372, A81-661 03/19/198203/19/1982
A debt to law firm for pre-petition legal representation was dischargeable, as the firm did not establish under section 523(a)(2) that when debtor told the firm she would pay or reaffirm the debt, she actually intended not to do so
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Indiana Refrigerator Lines, Inc. v. O.S. Bruner (In re Indiana Refrigertor Lines, Inc.), Ch. 11, BK81-86, A81-454 03/02/198203/02/1982
The court approved settlement over creditors’ committee’s objection, finding the compromise to be commercially reasonable under the circumstances, particularly because debtor’s management had made significant progress toward rehabilitation
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John & Debra Schmidthuber v. Richard Myers, Trustee (In re Schmidthuber), Ch. 7, BK81-384, A81-574 02/23/198202/23/1982
Reported at 18 B.R. 129. Debtors may exempt a tax refund not disclosed in their original schedules because the late schedule amendment didn’t interfere with estate administration & because exemptions should benefit debtors to the fullest extent
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Lakeside Utilities Corp., Ch. 11, BK81-2344 02/19/198202/19/1982
Reported at 18 B.R. 115. The debtor’s business operation was solely in Ohio, while its corporate office was in Nebraska. Under the circumstances, the court found the debtor’s “principal place of business” – and therefore the proper venue – to be in Ohio
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Richard & Nancy Avila v. Francis Tritz (In re Avila), BK81-648, A81-217 01/21/198201/21/1982
The cash appearance bond which the debtor filed with the county district court was considered exempt personal property under Neb. Rev. Stat. section 25-1552, so the debtor could avoid plaintiff’s garnishment lien on the bond pursuant to section 522(f)(1)
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Official Creditors' Committee v. Dale Nelson (In re Silver Monarch Oil & Gas Co.), Ch. XI, BK79-O-1045 01/06/198201/06/1982
Under the Bankruptcy Act, the creditors’ committee had no standing to bring lawsuits to recover fraudulent transfers and preferences. If the debtor-in-possession refused to do so, the committee’s only remedy was to ask for appointment of a receiver
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Clayton & Marilyn Kock, Ch. 7, BK80-375 01/04/198201/04/1982
The court, after discussing unliquidated, contingent, and disputed debt, denied debtors’ motion to convert to Chapter 13 because their unsecured debts exceed the statutory debt limit & because their schedules may not have been filed in good faith
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Anton & Mary Frances Stacey, BK81-1900 12/15/198112/15/1981
The court denied trustee's application for authority to sell real estate because the court did not want to approve the procedure used and did not want to approve the proposed sale price because there was no evidence as to the property's fair market value
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Michael & Sarah Thelen, BK80-399, Ch. 13 12/15/198112/15/1981
The Chapter 13 practice of allowing claims as filed is subject to the terms of the confirmation order, if the plan or confirmation order specifies a different treatment of certain claims, or if litigation has resulted in a different categorization of a cl