Discussing nondischargeability of credit card debt under 11 U.S.C. section 523(a)(2)(A). Plaintiff was unable to show that debtor had no intent to repay the debt, so the debt was 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.
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Debtor rejected lease, so its failure to perform obligation to remove & dispose of gasoline storage tanks & equipment, and contamination, was a breach of the lease and treated as a pre-petition claim
In pre-petition divorce proceedings, the husband was ordered to pay his former spouse's attorney fees. Such fees are in the nature of support under 11 U.S.C. section 523(a)(5) and are not dischargeable in the husband's Chapter 7 bankruptcy case
Pre-petition, debtors borrowed money in exchange for title to their vehicle. The lender leased the car back to them, but got it back when debtors failed to make payments. Debtors' interest in the car was property of the estate & subject to turnover
A purchaser at a tax sale is subrogated to the rights of the county treasurer to collect from the debtor the amount of the taxes paid by the purchaser plus interest at the statutory rate until plan confirmation. Then interest accrues at the plan rate
Trust deed sale is complete when the highest bid is accepted. Because the sale here occurred a few hours prior to the debtor's bankruptcy filing, the debtor was not permitted to cure the default
Debtor's ability to pay approximately 37 percent of her unsecured claims over 3 years and her lack of evidence of a "valid hardship" require dismissal under 11 U.S.C. section 707(b) for substantial abuse
Nothing in the Nebraska Trust Deeds Act precludes a trustee from authorizing an attorney to execute a notice of default on the trustee's behalf, without execution or acknowledgement by the trustee
Bank's security interest in car was not properly perfected, so it was avoidable by the trustee. The benefit accrued to the estate, not to the debtor. The debtor was not allowed to claim an exemption in the property
Rooker-Feldman doctrine precludes federal court appellate review of state court decision