The court granted debtor's motion to assume a real estate lease and to lease the real and personal property on the premises to another entity to reopen a bowling alley. Assumption would be in the estate's best economic interest by bringing revenue in.
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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.
After a trial, the court found that the debtor knowingly and intentionally submitted false claims for payment through the Nebraska Medicaid program, and the false and fraudulent nature of her claims for payment excepted the debt from discharge pursuant to § 523(a)(2)(A). The court awarded damages as requested by the State, including double and treble damages under Nebraska law, and attorneys’ fees and costs. The court ruled that the debtor’s argument that the State’s claim for damages may duplicate some of what she had been ordered to pay as restitution in her criminal case lacked merit, as the statutory civil penalties and damages are legally separate and distinct from the criminal penalties that had been imposed.
The debtor's Chapter 7 filing was an abuse because he had sufficient ability to make payments through a Chapter 13 plan simply by reducing his 401(k) loan payments and spreading them out over the life of the plan, let alone reducing other expenses.
Debtor's removal of certain appliances, cabinets, carpet, ceiling fans, etc., from her house prior to foreclosure did not constitute a willful & malicious injury to the lienholder under § 523(a)(6) because the debtor had no intent to harm the lender.
Abstention was appropriate because this case involved litigation between non-debtor parties and required the application of state law regarding liens to evaluate each party's claim and determine their respective rights to available proceeds.
The debtor co-signed a loan post-discharge to refinance some pre-petition debt. The lender's efforts to collect from the debtor were not barred by the discharge injunction because this was new debt taken on by the debtor after completing bankruptcy.
The debtor's motion for summary judgment to discharge her student loans was denied because factual questions existed on the undue hardship analysis. In particular, current financial data and evidence of a Ford Program repayment plan were needed.
To establish the elements of a fraudulent transfer, the creditor must prove either the lack of a reasonably equivalent value, or intent to hinder, delay, or defraud, in addition to the insolvency demonstrated by the debtors' bankruptcy schedules.
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.