The court denied a franchisor's motion for relief, finding that although the debtor had not made all of the ordered royalty payments, it had "substantially complied" with the order. If the debtor failed to fully comply, the court would grant relief.
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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 court allowed a reduced amount of fees for debtors' counsel, after reducing hourly rates for attorneys and non-attorneys and pointing out that clerical tasks should have been included in overhead and counsel hadn't obtained plan confirmation.
The entity that purchased the debtor's real property at an execution sale was not the proper defendant in a preference action. The creditor who received the sale proceeds should have been the defendant. The preference elements weren't established.
The court overruled the Chapter 13 trustee's objection and held that a post-petition tax claim under § 1305 is deemed allowed unless an objection other than timeliness is filed. There is no deadline under Rule 3002 for filing a post-petition claim.
A default judgment entered against the debtor in a previous bankruptcy case cannot be considered res judicata as to dischargeability in the present case because it was only a money judgment and did not address the elements of dischargeability at all.
The attorney for debtor's ex-wife moved to recover fees under § 506(b) for pursuing the ex-wife's claim in bankruptcy and attempting to collect the di
On defendant's motion to reconsider, the court dismissed the adversary proceeding as untimely filed. Rules 4007(c) and 4004(a) and (b) are clear that the court may not permit an extension of time in which to file unless a timely motion has been made.
Factual issues precluded summary judgment on a creditor's § 727(a)(2) and (a)(4) claims for the debtors' allegedly fraudulent transfer by granting a deed of trust on the eve of judgment and for deliberately undervaluing their jewelry on Schedule B.
Summary judgment could not be granted on the creditor's fraudulent transfer cause of action because factual issues existed on whether the transfer for value was substantially contemporaneous and whether the debtors intended to defraud creditors.
Plaintiff sued defendants for determination of extent, validity and amount of claims in his bankruptcy case and specifically for determination of amount he owes on stipulated nondischargeable judgment. Attempt at challenging basis of judgment.