Although the debtor did not sign a promissory note for a loan from her in-laws, she still could be liable on the debt. A trial was necessary to determine the nature of the transfer (whether it was a loan or a gift) and the validity of the in-laws' 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.
Plaintiff objected to the discharge of credit card debt on "hold harmless" language in a dissolution decree. The debtor's motion to dismiss the complaint as untimely and for failure to properly allege the elements of a cause of action was denied.
Debtor's transfer of stock sale proceeds to a trust created for his children is avoidable under the Neb. Uniform Fraudulent Transfer Act. The transfer was made while debtor was insolvent; he did not receive a reasonably equivalent value in exchange.
Vehicle wear-and-tear deducted by debtors' appraiser was already factored into the NADA valuation, so it shouldn't have been deducted again. The body damage should have been repaired with insurance proceeds, so no deduction was allowed for that.
A creditor who was not notified of, and was unaware of, the debtors' bankruptcy received funds garnished from the debtor on a post-petition judgment. He did not have to turn those funds over, but the automatic stay prevents further collection efforts.
The court adopted the bank's valuation of the debtor's vehicle for its claim amount. The debtor's calculation included wear-and-tear that should have been part of the N.A.D.A. valuation and other damage that should have been covered by insurance.
Debtors' schedules didn't disclose their part-ownership of two houses which they believed were still in a probate estate, nor did they list a monthly annuity they forgot about. There was no evidence of fraudulent intent, so discharge was granted.
The court denied the debtor's motion for summary judgment on the issue of avoiding the lender's liens on the debtor's vehicles because there were factual questions as to why the liens had not been perfected and which party was responsible for that.
Trial was held on debtor's objection to landlord's claim. Court made factual findings that the parties were in fact landlord and tenant, rather than vendor-vendee. Court also found that the landlord was not entitled to a claim for a new heating system.
At the creditors' committee request, the court vacated its order granting the debtor's motion to convert from Chapter 11 to Chapter 7 because the court failed to allow sufficient time for notice to interested parties and an opportunity to be heard.