Debtor's personal guarantee of a lease did not apply to obligations under a later lease extension agreement. The landlord was not prejudiced by lack of bankruptcy notice. Any obligations (contingent or otherwise) to the landlord were discharged.
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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.
The court denied summary judgment on a fraudulent transfer complaint about the debtor’s transfer of his interest in the marital home to his estranged wife. Issues of fact existed as to whether reasonably equivalent value was given for the transfer.
The court denied the debtor's motion to extend the automatic stay to a non-debtor because the debtor was not taking into consideration the rights of the non-debtor's creditors. The collection action against the non-debtor was not a core proceeding.
In the parties' divorce decree, the debtor was ordered to pay the second mortgage on the home awarded to his former wife. The parties intended the debt to be in the nature of support and it therefore is a non-dischargeable domestic support obligation.
An unsecured junior lien on the debtor's residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The case law in the Eighth Circuit, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
The court recommended the district court deny the defendant's motion to withdraw the reference because the plaintiff's causes of action were either core proceedings or related-to matters which the bankruptcy court had jurisdiction to hear.
Some claims raised by creditors about the conduct of persons associated with the debtor are not "control person" claims under securities law and are not covered by the automatic stay. They are therefore subject to arbitration by a regulatory agency.
In a fee discussion with the attorney who represented her pre-petition, the debtor did not make a false representation as to her ability to pay or the source of funds for the retainer, so the debt was not excepted from discharge under § 523(a)(2)(A).
An unsecured junior lien on the debtors' residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The case law in the Eighth Circuit, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
The debtor holds a professional liability policy which also covers non-debtor parties. The court granted stay relief to the insurer to permit it to pay defense costs for the non-debtors out of proceeds that are not property of the bankruptcy estate.