Reported at 15 B.R. 223. Under sec. 523(a)(5), marital debts owed to a third party which one spouse is ordered in divorce proceedings to pay can be non-dischargeable as in the nature of alimony or support despite not being payable directly to a spouse
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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Karen Stranathan v. Clayton Stowell (In re Stranathan), A80-290 11/12/198111/12/1981
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Merle Nicola, Trustee v. Rudolph Krampf, Jr. (In re Krampf), BK81-767, A81-288, Ch. 7 09/10/198109/10/1981
Trustee’s obj. to discharge for having received a discharge within the last six years was denied because the operative dates are the filing dates of the two cases, & the current case was filed more than six years after the filing date of the prior case
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Jerry Pettit v. George Brentlinger (In re Brentlinger), BK778-O-955 09/10/198109/10/1981
A Bankruptcy Act case. A $400 debt for attorney’s fees in connection with the debtor’s divorce, which he was ordered to pay pursuant to the divorce decree, was not dischargeable because it was considered to be support
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Cessna Finance Corp. v. Millard Aviation, Inc. (In re Charles Turner & Millard Aviation), Ch. XI, BK78-O-854, -1234 08/18/198108/18/1981
Reported at 13 B.R. 15. The court ruled that Cessna held a valid perfected security interest under Kansas law in the proceeds of an airplane that defendants willfully converted to their own use. Under the Bankruptcy Act, however, debt is dischargeable
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Farmers State Bank v. Leonard DeNaeyer (In re DeNaeyer), BK78-O-1139 08/14/198108/14/1981
Cattle investor’s debt to bank could be discharged. His financial statements were not materially misleading, and his conversion of some of the bank’s collateral was not willful and malicious because it was necessary for his operating expenses
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Aldridge's Custome Printing, Inc., BK80-2610 08/14/198108/14/1981
An oral agreement to assign a security interest, followed by payment in full of the consideration, is sufficient to create a valid assignment. If the original security interest was perfected, it remains perfected in the assignee, pursuant to the U.C.C
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Loren & Kathryn Wagner, BK80-695, Ch. 13 08/14/198108/14/1981
Debtors’ Chapter 13 plan was confirmable over objections of unsecured creditors because the plan does propose to pay those creditors at least as much, if not more, than they would be likely to receive in a Chapter 7 liquidation of the debtors’ real estate
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The First State Bank v. Scottsbluff Livestock Express, Inc. (In re Hardesty), BK79-O-1292, A80-93 08/14/198108/14/1981
Court denied defendant’s request for attorneys’ fees under section 523(d) because the plaintiffs had sought denial of discharge rather than a determination of dischargeability, and because it was unclear whether the debts at issue were consumer debts
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Rebecca Hoster, BK80-1227, Ch. 13 08/14/198108/14/1981
In accordance with In re Terry, 630 F.2d 634 (8th Cir. 1980), confirmation of debtor’s Chapter 13 plan was denied where the plan proposed no payments to unsecured creditors and the entire amount of the monthly payments appeared to be for attorney’s fees
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State Security Savings Co. v. Roy & Patricia Mehmken (In re Mehmken), Ch. 13, BK81-189, A81-251 08/06/198108/06/1981
Court granted relief to bank holding a possessory interest in a certificate of indebtedness issued to the debtor. Debtor had borrowed the money from his mother & felt morally obligated to repay her, but as an unsecured debt it wouldn’t support maintaining