District court order that affirms the bankruptcy court's opinion of Aug. 23, 1982, that the landlord's actions to obtain possession of a residence leased to debtor were not unlawful, willful or malicious, and did not result in a non-dischargeable debt
You are here
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.
The district court affirmed, as not clearly erroneous or an abuse of discretion, the bankruptcy court's decision to deny confirmation of the debtor's plan for lack of good faith under section 1325(a)(3) and to convert the case to a Chapter 7 proceeding
District court order affirming 22 B.R. 356. An attaching creditor is not an agent or custodian under the Bankruptcy Code & can't recover administrative expenses because it preserved the property for its own benefit, not for the benefit of all creditors
District court affirmed the bankruptcy court's order regarding the debtor's ineligibility for Chapter 13 on the basis that disputed debt counts in the total debt calculation, but reversed as to the bankruptcy court's sua sponte dismissal of the case
Real property in a spendthrift trust for the debtor's benefit property of the estate, as debtor held atlease an equitable interest in the property. The effect on creditors of the spendthrift provision's restriction on alienation wasn't decided
District court affirmed the confirmation of a creditor's liquidating plan over the objection of the debtor-farmer, ruling that nothing in section 1123(b)(4) protects farmers from liquidation, particularly when the debtor didn't file its own plan
The debtor's former wife was found in contempt for having taken actions which violated the automatic stay with regard to disputed property. However, the court declined to impose sanctions upon her
A $50,000 loan from the plaintiff is a non-dischargeable debt under 11 U.S.C. section 523(a)(2) because the debtor misrepresented the collateral available to the plaintiff, and the plaintiff relied on that false representation when making the loan
Other than the disputed debt of the petitioning creditor in this involuntary bankruptcy case, the evidence showed that the debtor was generally meeting his obligations to creditors, so the case was dismissed because it didn't meet section 303(h)(1)
Order affirmed bankruptcy court decision that debtor & his non-debtor wife jointly owned their farm assets, although bank handled loans solely with husband. Question remained as to whether wife ratified husband's pledge of her share of the property