Court allowed debtor to assign his real estate purchase contract to a third party in his reorganization plan, over the sellers' objection. In addition, the sellers waived their right to declare default & accelerate balance due by accepting a late payment
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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Robert Temme v. Ralph & Irma Whitwer (In re Temme), Ch. XI, BK78-L-244 08/11/198008/11/1980
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Fort Calhoun State Bank v. Gene Abboud (In re Abboud), BK79-O-593, Civ. 80-O-79 08/08/198008/08/1980
District court opinion affirming bankruptcy court opinion of 12/28/79, discharging debt because bank had not proven by clear & convincing evidence that the debtor used a materially false written statement regarding his financial condition to obtain loans
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Connie Pierce v. Industrial Savings Co. (In re Pierce), BK79-1199, A80-15 07/25/198007/25/1980
Reported at 5 B.R. 346. Debtor brought this action under section 722 to redeem her car. The vehicle's value was disputed. The court ruled that the proper valuation date for redemption purposes is the date of the redemption proceeding, in most situations
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Aaron Ferer & Sons Co. v. Williams & Glyn's Bank Ltd. (In re Aaron Ferer & Sons Co.) (Codelco I), BK74-O-482 06/30/198006/30/1980
Defendents' motion for reconsideration of order granting stay pending appeal was denied. The court disagreed with defs' suggestion that, becuase the funds in question didn't belong to the debtor, they should have been paid immediately to the defendants.
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Robert & Margaret Patterson v. Donald Rubek, Jr. (In re Rubek), BK79-O-909 06/30/198006/30/1980
Debtor was an inexperienced contractor who underbid a job he was unable to do. He intended to perform the work when he took plaintiff's payment for it, so the debt is dischargeable. However, the balance of a separate restitution order is nondischargeable
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Mid City Bank, Inc. v. Donaciano Baca (In re Baca), Ch. XI, BK78-O-762 06/30/198006/30/1980
Debt to bank on two loans was held to be non-dischargeable because the debtor, intending to deceive the bank into making the loans, had submitted written financial statements containing materially misleading information, upon which the bank relied
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LaFrance Industries Division of Riegel Textile Corp. v. Bradley Handy (In re Handy), BK79-O-615 06/26/198006/26/1980
Court ruled against creditor in false pretense/false representations non-dischargeability action, because none of the evidence indicated that the debtor wrote any of the bad checks issued by his son's business or that he even was involved in the business
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First Nat'l Bank & Trust Co. of Lincoln v. Tom Roth (In re Roth), BK79-L-193 06/26/198006/26/1980
Debt to lender was declared non-dischargeable because the debtor had knowingly provided a false financial statement -- listing assets not owned by the debtor -- to the lender, and the lender had relied on it in deciding to extend credit to the debtor
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Elizabeth Longley v. Tom Roth (In re Tom Roth), non-dischargeability proceeding 06/26/198006/26/1980
Debtor willfully & maliciously converted plaintiff's property to his own use when he obtained a deed from her via misrepresentations and then mortgaged the property. It was foreclosed upon. Court entered judgment in plaintiff's favor for the sale price
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Hy-Gain Electronics Corp.; Hy-Gain de Puerto Rico, Inc.; Hy-Gain Electronic Sys. Corp., BK78-O-26, BK78-O-25, BK78-O-81 06/18/198006/18/1980
Bankruptcy trustee sought court's guidance on whether to pursue litigation against the debtors' officers and directors. After reviewing the potential causes of action, the court advised against it based on issues of standing and a likely minimal recovery