The court granted the debtor's objection to the claim of an entity which contracted to sell its products. The debtor terminated the contract, but owed no damages. "Ramp up" costs weren't recoverable, and the creditor couldn't prove lost commissions.
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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.
Because the purchase money lender's lien was not on the title certificate, the security interest was unperfected & subordinate to the trustee's hypothetical lien. Likewise, the lender's interest in accessions to the vehicle was also unperfected.
The Rooker-Feldman doctrine precludes the debtors' attempt to have the bankruptcy court set aside a state court decision upholding the validity of the trustee's sale of debtors' home. The buyer is entitled to relief from the stay to evict the debtors.
A deed of trust executed by two unmarried owners in joint tenancy was valid, by its terms, to encumber the interests of both owners even though the document identified only one owner as the "borrower" because the promissory note was in his name only.
Dismissal of this Chapter 11 case, rather than conversion, was in the best interest of creditors. Rehabilitation was not reasonably likely, given the debtors' continued delays in providing financial data to creditors and formulating a plan.
Exempt funds may constitute disposable income to be used to pay unsecured creditors under a Chapter 13 plan if the funds are not necessary for the debtor's support. Here, the exempted personal injury settlement proceeds were not needed for support.
The court denied summary judgment because fact questions existed as to whether the debtors transferred or concealed property, failed to explain a loss of assets, or made false representations when they withdrew money on a home equity line of credit.
Although the defendant in this action to recover alleged preferential & fraudulent transfers demanded a jury trial, he also filed a proof of claim in the bankruptcy case, which subjected him to the bankruptcy court's equitable power and waived a jury.
The deed of trust holder's motion for relief from stay was denied without prejudice to permit the debtor to resume making monthly payments and cure payments. If debtor becomes delinquent again, the creditor is entitled to relief without a hearing.