The bankruptcy trustee was entitled to summary judgment on a receivable listed in the debtor’s schedules as owed by a related company. The defendant did not provide any evidence to create a genuine issue of material fact regarding the debt’s validity.
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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Joseph H. Badami, Chapter 7 Trustee v. Ainsworth Feed Yards, LLC (In re AFY, Inc.), Ch. 7, BK10-40875-TLS, A10-4060-TLS 06/01/201106/01/2011
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Rick Lange v. FDIC (In re TierOne Corp.), Ch. 7, BK10-41974-TLS, A11-4018-TLS 05/27/201105/27/2011
An adversary proceeding as to the ownership of certain tax refunds should be removed to the district court hearing FIRREA claims against the bank receiver, because both cases involve some of the same issues and are governed by non-bankruptcy law.
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Richard H. & Christine M. Lind, Ch. 11, BK09-82915-TLS 05/26/201105/26/2011
The court authorized the deed of trust creditor to amend its timely filed proof of claim to add amounts for the costs and expenses of exercising its power of sale, interest on its claim, and real estate tax payments that it advanced on debtors’ behalf.
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Richard & Christine Lind, Ch. 11, BK09-82915-TLS 05/26/201105/26/2011
The first lienholder on debtors’ residence, holding an unimpaired claim, was allowed to file an amended proof of claim late because the plan provided for unimpaired claims to be paid in full, so the creditor may add fees, advances, etc., if supported.
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White Farms Trucking, Inc., Ch. 11, BK10-43797-TJM and Craig Carrier Corp., LLC, Ch. 11, BK10-43798 05/20/201105/20/2011
The court granted a motion to reconsider an order of contempt for failure to turn over property of the estate, finding that the movant had complied with the order and purged the contempt. The court also vacated the potential for monetary sanctions.
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Professional Veterinary Products, Ltd., Ch. 11, BK10-82436 05/15/201105/15/2011
A creditor with a U.C.C./§ 546(c) reclamation claim for goods sold to the debtor may pursue that claim even though the debtor’s inventory has been sold, because court orders preserved the creditor’s potential interest in the inventory’s proceeds.
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Ryan Forman v. Kristi Daniel Teed (In re Teed), Ch. 7, BK10-82757-TLS, A10-8084-TLS 04/21/201104/21/2011
A provision in the parties’ divorce decree ordering the debtor to pay certain marital debts owed to third parties and to hold her former spouse harmless thereon constitutes a non-dischargeable obligation under post-BAPCPA 11 U.S.C. § 523(a)(15).
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Matthew Jason Billmeier v. Discover Fin'l Servs. (In re Billmeier), Ch. 13, BK10-80463-TLS, A10-8024-TLS 04/21/201104/21/2011
An unsecured junior lien on debtor’s residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The bankruptcy court’s Sanders decision, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
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SL Corp. v. Harry Malone (In re Malone), Ch. 7, BK07-40964-TJM, A10-4088 04/21/201104/21/2011
Chapter 13 debtor’s post-petition, pre-conversion employment termination grievance & back pay award don’t become property of the Chapter 7 bankruptcy estate unless the case was converted in bad faith. Financial hardship alone isn’t bad faith.
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Terry Ray Bain, Ch. 12, BK09-41473-TJM 04/19/201104/19/2011
Confirmation of the debtor’s Chapter 12 plan was denied because issues of feasibility and management existed. Some of the livestock had disappeared or was unaccounted for, bills were not being paid in the ordinary course, and insurance had lapsed.