Debt at issue was dischargeable. The false financial statement in writing exception to discharge didn't apply where debtor failed to list mechanic's liens of which he was unaware; court held that debtor didn't intentionally falsely represent his finances
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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Bank of Papillion v. Paul Harlow (In re Harlow), BK79-0-314 11/30/197911/30/1979
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ABC Transit Co., Case BK78-0-303 11/30/197911/30/1979
The bankruptcy court denied cross-motions for summary judgement in this involuntary bankruptcy case because it was clear after a hearing on the motions that factual issues exist concerning one of the alleged debtor's loans.
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Ford Motor Credit Co. v. Robert Temme (In re Temme), BK78-L-244 11/30/197911/30/1979
Creditor's motion for relief from the automatic stay was denied because the debtor had equity in the collateral (a truck), it was insured, and it was necessary to his farming operation. The creditor would not suffer prejudice by being denied stay relief
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Joseph H. Badami, Trustee v. Hugo & Vera Haase (In re Hugo Haase), BK78-L-444 11/28/197911/28/1979
Debtor's transfer of homestead to non-debtor wife for no consideration on the eve of bankruptcy was not a fraudulent conveyance; there was no evidence that debtor was or became insolvent. Rather, evidence indicated transfer was due to marital problems
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First National Bank of Bayard v. J. Peter Barthelemy (In re Barthelemy), BK79-0-745 11/15/197911/15/1979
The debtor-defendant's motion to dismiss the adversary proceeding was denied because the creditor's complaint objecting to discharge was timely filed; the Bankruptcy Act does not require that a defendant receive a summons on or before the filing deadline
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Jack Bursic v. David & Valerie Duchon (In re Duchon), BK79-0-607 and -608 11/15/197911/15/1979
An objection to discharge filed on the date set as the last day for doing so is timely filed
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Patagonia Leasing Company v. Marcus Alexander (In re Alexander), BK79-O-487 10/30/197910/30/1979
Debtor-defendant moved to dismiss, alleging that his guardian/conservator should have been joined as a party. The court denied the motion, stating that the guardian/conservator could still defend on the debtor's behalf without being joined as a party
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Marcus Alexander, BK79-0-487 09/06/197909/06/1979
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Roth Brothers Smelting Corp. v. Aaron Ferer & Sons Co. (In re Aaron Ferer & Sons Co.), BK74-O-482, CIV 78-O-211 07/27/197907/27/1979
The district court affirmed bankruptcy court's judgment for plaintiff Roth Bros., finding that debtor-defendant was acting as the undisclosed agent of another company when it purchased copper scrap from Roth Bros. for the benefit of the other company
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James Stumpf, Trustee v. Kenneth McCulloch (In re Godmother's Pizza, Inc.), BK78-0-418 06/28/197906/28/1979
The debtor made a fraudulent conveyance when substantially all of its assets were transferred pre-petition to a third party for no consideration. The third party holding the assets must deliver possession of them to the bankruptcy trustee