Debtor made no representations regarding his ability or intent to pay when he incurred a debt to seller of floor coverings, so the creditor could not have relied on such a representation in extending credit & the debt is dischargeable under 523(a)(2)(A)
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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.
For a debtor who is no longer farming to claim certain farm equipment as exempt under Neb. Rev. Stat. section 25-1556(2), he must prove that he uses the equipment to support his family
Debtor's house was sold at tax sale pre-petition. She alleges the tax sale was a fraudulent transfer. The court ruled that her plan is confirmable because she accounts for payment of the buyer's claim regardless of the outcome of the adversary proceeding
Forged checks drawn on debtor's account were deposited by forger's Kansas bank and paid by debtor's bank. Forged endorsements were effective under Kansas U.C.C. 3-405(1), but fact question exists as to whether bank's conduct was commercially reasonable
Forged checks drawn on debtor's account were deposited by forger's Kansas bank and paid by debtor's bank. Forged endorsements were effective under Kansas U.C.C. 3-405(1), but fact question exists as to whether bank's conduct was commercially reasonable
Debtor attended college classes for only 2 or 3 days before learning that her entrance requirements were incomplete. School sought to have the semester's tuition bill declared non-dischargeable under section 523(a)(8). Court ruled in debtor's favor
Court analyzed whether a lease document was a true lease or a disguised security interest, concluding that it was a true lease, in part because language to the contrary had been included in the lease by mutual mistake.
If a debtor wants to amend the listed fair market value of his scheduled exemptions, he should have a reasonable basis for and evidence of the new values
Divorce decree was ambiguous on issue of alimony, so bankruptcy court reviewed the circumstances & found the monetary award was intended to be a structured property distribution, not alimony, and therefore was dischargeable under section 523(a)(5)
Preference action to recover payments to suppliers. Discusses the necessary elements of the "earmarking doctrine", where a creditor loans funds to debtor to pay off other creditors. The court found the loaned funds to be property of the debtor