Published at 216 B.R. 628. Trustee filed disgorgement action to recover fees paid to debtor's prior counsel in Ch. 11 case. In denying defendants' motion to dismiss, the court discussed subject-matter jurisdiction, personal jurisdiction, minimum contacts, and failure to state a claim.
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Opinions
United States Courts Opinions (USCOURTS) collection is a collaborative effort between the U.S. Government Publishing Office (GPO) and the Administrative Office of the United States Courts (AOUSC) to provide public access to opinions from selected United States appellate, district, and bankruptcy courts.
The District of Nebraska offers a database of opinions for the years 1997 to current, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.
Debtor's proposed compromise agreement to pay all creditors after dismissal of her case was in essence a private reorganization plan which could not be approved because it exceeded the scope of Rule 9019 and the court lacked jurisdiction to enforce it
Shareholder/director's request for payment of his attorney fees by the debtor, incurred during negotiations for sale of a corporate asset, was denied for lack of subject matter jurisdiction. Opinion discusses abstention, "arising under" and "related to"
Published at 211 B.R. 696. Married debtors with no dependents qualified for homestead exemption even though only one of the parties resided on the premises because they were in the process of divorcing and they sold the property shortly after the petition date.
Debtor's obligations to former spouse under property settlement and divorce decree are not dischargeable under section 523(a)(15)
Time Warner willfully violated the automatic stay by pursuing enforcement of preliminary injunction in New York after this court ruled that certain aspects of the injunction order were stayed by section 362
Time Warner willfully violated the automatic stay by pursuing enforcement of preliminary injunction in New York after this court ruled that certain aspects of the injunction order were stayed by section 362
Four co-borrowers signed promissory note. One received a bankruptcy discharge, so he can't be forced to contribute. The obligation on the note should be divided three ways
Debtor-homebuilder's failure to complete construction for the plantiffs did not constitute non-dischargeable debt under sections 523(a)(2), 523(a)(4), or 523(a)(6)
Published at 210 B.R. 344. A lump-sum payment owed by debtor to his former wife as part of a property settlement in connection with their divorce was not dischargeable. Under sec. 523(a)(15), the debtor was able to pay it and the balancing of detriment and benefit was about equal.