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
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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The First State Bank v. Scottsbluff Livestock Express, Inc. (In re Hardesty), BK79-O-1292, A80-93 08/14/198108/14/1981
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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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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
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Indiana Refrigerator Lines, Inc.; St. Abbs Corp.; Indiana Leasing Corp., BK81-86, -87, -88 06/11/198106/11/1981
On motion to compromise controversies between the debtors and a bank over objection of creditors’ committee, the court determined that committee’s interest in pursuing litigation against the bank outweighs the debtor’s interest in rehabilitation
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Heinzman Engineering, Inc. v. Kuriyama of America, Inc. (In re Heinzman Engineering, Inc.), BK80-1478, A80-423 05/12/198105/12/1981
Court denied motion to dismiss complaint regarding preferential transfers because the transfers made from third parties to the defendant may have been accounts receivables of the plaintiff debtor, which would render them property of the debtor
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A. Bruce Truesdell v. Paul Grieger (in re Grieger), BK80-339, A80-258 05/12/198105/12/1981
Debt is non-dischargeable under 11 U.S.C. sec. 523(a)(2) for fraud/false pretense or representation. Plaintiff bought a vehicle from debtor & paid with a check. Debtor did not deliver the vehicle title & instead used the check proceeds to pay other debts
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Henry & Norma Dart v. Duane & Carol Walker (In re Walker), BK79-1530, A80-164 05/12/198105/12/1981
The prevailing party’s attorneys’ fees are not a taxable cost as part of a non-dischargeability action under section 523 when the debt at issue is a business debt rather than a consumer debt
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Bobby & Royann Unzicker v. Richard Schultz (In re Schultz), BK79-O-852 05/12/198105/12/1981
Bankruptcy Act case regarding dischargeability under section 17(a)(2). The debtor obtained property deeds from the plaintiffs under false pretenses using false representations, so the court found the debt owed to the plaintiffs to be non-dischargeable
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David William Finney, Jr., BK79-1324, Ch. 13 05/12/198105/12/1981
A storage company that sold the debtor's belongings to satisfy unpaid pre-petition storage charges did not violate the automatic stay because there was no evidence the company had actual knowledge of the bankruptcy case when it conducted the sale
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Appliance Buyers Credit Corp. v. J.L. Brandeis & Sons, Inc. (In re Sol Lewis Appliances, Inc.), BK80-229, A80-326 05/12/198105/12/1981
Court granted the defendant's motion to interplead additional parties who may have an interest in the money it held. However, the court deferred resolution of the question of whether the defendant was entitled to recover attorneys' fees for its efforts