A state's post-confirmation revocation of the debtor's business license for failure to pay a corporate tax - which was an administrative expense that was discharged - violated the discharge injunction & the non-discrimination sections of the Code.
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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 evidence at trial indicated that the debtor transferred assets both pre- and post-petition, and failed to disclose assets and transfers of assets, with the intent to hinder, delay, or defraud creditors. Discharge was denied under § 727(a)(2).
Debtor intentionally misrepresented his business connections and his ability to build a new shed for the creditors. They relied on those misrepresentations to their detriment. The debt owed to them was excepted from discharge under § 523(a)(2)(A).
Debtor intentionally misrepresented his business connections and his ability to build a new shed for the creditors. They relied on those misrepresentations to their detriment. The debt owed to them was excepted from discharge under § 523(a)(2)(A).
The court granted the defendants' motion to dismiss the adversary complaint. The debtor failed to state claims against any of the defendants. Instead, it appeared debtor was attempting to collaterally attack an order granting relief from the stay.
The parties should be able to reach a consensus on the amount of fees due under a contingent fee agreement with the law firm that represented the debtor in litigation with the City of Omaha. If not, they may request mediation or litigate in state court.
A proposed compromise of a controversy under Rule 9019 is evaluated in terms of whether it is fair, equitable, & in the best interest of the estate. The standing of a debtor's shareholders to object to a settlement is limited to their status as creditors.
The debtor's officer had a contractual right to be paid a percentage of certain settlement proceeds for his assistance with the litigation. The court authorized his portion of the proceeds to be paid directly to one of his creditors on its claim.
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.
The court granted summary judgment to the IRS in this adversary proceeding in which the plaintiffs, who held a claim against the bankruptcy estate for unpaid ERISA plan payments, sought to use equitable estoppel or equitable subordination to move their claim ahead of the IRS’s administrative expense claim for unpaid post-petition payroll taxes. The court held that the plaintiffs had “not borne their burden of proving each of the necessary elements of equitable subordination or equitable estoppel, in particular the existence of misconduct on the part of the IRS.”