Parties' cross-motions for summary judgement were denied because factual questions existed regarding the ownership of copper under the copper contracts at issue in the lawsuit. The defendants claimed an ownership interest rather than a security interest.
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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Aaron Ferer & Sons Co. v. Williams & Glyn's Bank Ltd. (In re Aaron Ferer & Sons Co.) (Asarco), BK74-O-482 10/09/198010/09/1980
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Bank of Papillion v. Merle Nicola, Trustee, (In re Millard Aviation, Inc.), BK78-O-1234 09/19/198009/19/1980
Two steel buildings bolted to concrete foundations could not be moved without damage and therefore are fixtures. It was necessary to file financing statements with Registrar of Deeds, rather than with County Clerk, to perfect security interests in them
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Int'l Brotherhood of Electrical Workers Local 22 v. Robert Shearon (In re Shearon), BK80-197, A80-55 09/11/198009/11/1980
In federal district court case in which union representing debtor's employees was attempting to recover under Neb. Wage Payment & Collection Act, any amount assessed for the school fund would probably be non-dischargeable under 11 U.S.C. sec. 523(a)(7)
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Williams & Glyn's Bank Ltd v. Aaron Ferer & Sons Co. (In re Aaron Ferer & Sons Co.), Ch. XI, BK74-O-482 09/11/198009/11/1980
Bankruptcy court refused to grant relief from the automatic stay to permit creditors to proceed with litigation against debtor's officers concerning copper contracts. The court did so because the other lawsuit could adversely affect the bankruptcy case
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American Beef Packers, Inc. v. Michigan National Bank (In re American Beef Packers, Inc.), BK75-O-17 09/10/198009/10/1980
Debtor reopened case to enforce settlement agreement. Parties disputed whether creditor's bank account should have been debited (& amount owed by debtor increased) when an improper deposit was withdrawn & turned over to debtor. Court ruled against debtor
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Ron Spry v. Earl Fritchman/James Haswell v. Earl Fritchman (In re Fritchman), BK80-66, A80-81, -80 09/10/198009/10/1980
Debtor didn't participate in the trial to determine dischargeability under sec. 523(a)(6). The evidence was undisputed that debtor participated in an intentional assault on the plaintiffs. They were awarded a non-dischargeable judgment for their damages
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Benkelman Co-op. Equity Exchange v. Philip Eugene Koerperich (In re Koerperich), BK80-317 09/08/198009/08/1980
Reported at 5 B.R. 752. Zero-payment Ch. 13 plan doesn't violate good-faith requirement of Sec. 1328(a), even when used to discharge debts which are non-dischargeable in Ch. 7. Although this was a Bankruptcy Act case, court evaluated plan under '78 Code
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First Loan Co., Inc. v. Claude Cramer (In re Cramer), BK80-1020 09/08/198009/08/1980
Plaintiff objected to its designation in the debtor's schedules as an unsecured creditor. The court agreed, granting the objection; plaintiff's state court judgment and order of attachment on the debtor's real estate rendered it a secured creditor
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John Wolf, Trustee v. Farrell Schmidt (In re Schmidt), BK78-O-468 09/08/198009/08/1980
Court denied trustee's attempt to reject a real estate installment sales contract. Although the escrow agent held the deed on the petition date, the parties later completed the sale and the deed was given to the buyers. It was not an executory contract
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John Goodknight v. Charles Turner (In re Turner), BK78-O-854, Civ. 80-O-130 08/13/198008/13/1980
District court affirmed bankruptcy court's order of Dec. 27, 1979, holding non-dischargeable a debt for willful & malicious conversion of property where the debtor as buyer, through creative financing, deprived seller of a security interest worth $11,000