Plaintiff's non-dischargeability action was barred because, although she had timely filed a negligence lawsuit against the debtor in state court, summons was not properly served on the debtor and the statute of limitations expired in the meantime
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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Mary Pat Shelledy v. Richard Ray Meyers II (In re Meyers), BK78-L-429 04/02/197904/02/1979
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Leaford Burnett v. Loren Myers (In re Myers), BK78-L-280 04/02/197904/02/1979
The court found in plaintiff's favor that his claim against the debtor-defendant arising from a motor vehicle accident was non-dischargeable because the debt wasn't "provable" under the terms of the Bankruptcy Act. Only "provable" debts may be discharged
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Charles Turner, BK78-0-854 04/02/197904/02/1979
Court granted extension of time for creditor's lawyer to file a complaint to determine dischargeability of certain debts, finding excusable neglect under Rule 906 where creditor's attorney was away from work for one month and fell behind on his workload
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Hy-Gain Electronics Corp.; Hy-Gain de Puerto Rico, Inc.; Hy-Gain Electronics Systems Corp., BK78-0-25, BK78-0-26; BK78-0-81 01/31/197901/31/1979
There is no accountant-client privilege under Nebraska law, so the court overruled the debtors' objection to having their financial records produced and turned over by their accounting firm to the bankruptcy trustee and a lender's auditing firm
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Aarron Ferer & Sons Co. v. William & Glyn's Bank Ltd. (In re Aaron Ferer & Sons Co.), BK74-O-482, CV78-0-28, Ch. 11 01/23/197901/23/1979
In Chapter 11 case, district court affirms bankruptcy court's finding of contempt against a creditor who violated the court-ordered stay against bringing suit against Debtor. The bankruptcy court's jurisdiction was not appealed and therefore is binding
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Hy-Gain Electronics Corp.; Hy-Gain De Puerto Rico, Inc.; Hy-Gain Electronics Systems, Civil No. 78-0-437, BK78-O-26 01/23/197901/23/1979
District court affirmed bankruptcy court ruling denying motion of debtor's officers & shareholders to take Rule 205 examination of banks. Trustee is the proper party to conduct examinations & determine whether causes of action exist for estate's benefit
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Jerry Knight, BK78-0-1336 01/22/197901/22/1979
Executory lease contract is deemed rejected when trustee does not assume it within 60 days; as a result, lease provisions prohibiting liquidation sales of inventory are not binding on trustee. However, trustee must pay reasonable value for his occupancy
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Postal Finance Company v. Henry Wheeler (In re Wheeler), BK78-O-924 01/10/197901/10/1979
Court ruled against creditor in dischargeabililty proceeding, finding that creditor did not prove debtor's intent to deceive. Debtor-defendant did omit some debts from the financial statement submitted to creditor, but he had valid reasons for doing so
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Robert Temme, BK78-L-244 01/10/197901/10/1979
Debtor-in-possession's application to borrow money to pay certain farm expenses was granted. The evidence showed that adequate protection existed. Trial would be set on whether objecting party has a valid lien on the collateral for the post-petition loan
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Associates Financial Services Co. of Nebraska, Inc. v. Eli & Estela Perez Morell (In re Perez Morell); BK78-L-249 and -250 01/10/197901/10/1979
Court denied creditor's complaint of nondischargeability, finding no willful & malicious conversion where creditor permitted debtors' sale of collateral, & finding no false representation because the loan was renewed without relying on fin'l statements