The court denied the debtors' request to use cash collateral because the bank was not adequately protected. The projected receipts would barely cover expenses, and there was no additional collateral to protect the bank's interest against risk.
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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.
A title insurer had standing to pursue a non-dischargeability claim against the debtor for failing to reveal the existence of a judgment lien against property she sold, although the claim is contingent unless and until the insurer pays off the lien.
The debtor trained in the electrical trade through a union-sponsored program in exchange for an agreement to work for a union employer. This is a form of student loan that falls under § 523(a)(8). The matter of undue hardship was a fact issue for trial.
Arbitration, as invoked by the debtor, was the proper venue for obtaining a determination of the parties' rights to distribution of royalty payments and duty to pay attorney fees. A bankruptcy filing does not waive a pre-petition arbitration right.
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.
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 debtor breached his contracts for future delivery of corn to the plaintiff, but he did not run afoul of § 523(a)(2)(A). At the time the debtor entered into the contracts, he intended to perform them, so there was no fraud or false representation.
The creditor had a cause of action under § 523(a)(2)(B) for a materially false loan commitment letter on which the creditor relied in extending financing to the debtor. There was a fact issue as to whether the debtor intended to deceive the creditor.
A state court judgment against the debtor for slander contained sufficient findings to support a summary judgment of non-dischargeability under § 523(a)(6) because the debtor's conduct caused a willful and malicious injury to the plaintiff.
Because the lienholders on the debtor's vehicles had notice of, but ignored, their obligations to release the liens and present clean titles, and the potential imposition of monetary sanctions for failure to do so, they were found to be in contempt.