The court denied debtor's motion to convert from Chapter 7 to Chapter 13 because he could not fund a plan, had no equity in the property he was trying to save, would face claims litigation, & was unlikely to reorganize. Conversion would have been futile.
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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 denied summary judgment and ordered a trial on a § 523(a)(2)(B) claim after determining that a settlement agreement between the parties in a state-court replevin action did not preclude the bank from pursuing collection of the deficiency remaining on the underlying debt. The terms of the agreement did not indicate the payments received in the settlement would be considered payment in full, nor were there any provisions in the agreement releasing the debtors from further liability.
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.
Instruments of encumbrance signed by an officer of the debtor rather than an officer of the debtor's sole member and manager were valid under the LLC Act and could not be avoided by the trustee. The officer was authorized by each entity to act on its beha
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.
At trial, the plaintiff established the elements of § 523(a)(2)(A), including his justifiable reliance on the debtor's continuing misrepresentations about investment profits, inducing the plaintiff to continue to provide money to the debtor.
The court denied the trustee's effort to set aside an allegedly preferential transfer because the property transferred belonged to an LLC, not to debtor. It was not property of the bankruptcy estate and the transfer was not attributable to the debtor.
The trustee's good-faith objection to debtors' housing expense was overruled, but questions as to the accuracy of Schedules I & J and whether debtors could afford to pay for a boat and camper and still pay unsecured creditors precluded confirmation.
Discharge was denied under § 727(a)(4)(A) to a debtor who made a false oath by failing to disclose on his statement of financial affairs his receipt of sizable tax refunds, settlement proceeds and a loan, and his transfer of those monies to other entities