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.
You are here
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.
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
A motion for stay pending appeal by a vendor that sold the debtor's products and was subject to personal injury claims as a result was denied. The debtor may use liability policy proceeds only pursuant to a confirmed plan, so the vendors are protected.
Court grants motion for stay pending appeal of three orders granting a compromise between debtor and three insurers allowing the insurers to pay proceeds of policies owed to debtor and enjoining any party from bringing a claim against insurers.
Because the debtor could have claimed a valid exemption in certain garnished funds in state court, an intervening preferential transfer did not affect his ability to claim a personal property exemption in the recovered funds held by the trustee.
The court found the debtor to be a shareholder in a business and therefore entitled to receive a portion of the sale proceeds of the business. The co-owner's sale of the business without revealing the details to the debtor was a breach of fiduciary duty.
The parties' divorce decree and property settlement agreement created a non-dischargeable obligation for the debtor to hold his ex-wife harmless on any amounts owed to the bank, including the repayment of a loan from her parents to pay off the bank.
Debtor's amended preference complaint was sufficient to state a claim upon which relief could be granted. A previous order referred to the preference issue but did not decide its merits, so the law of the case doctrine didn't preclude the complaint.
The court reconsidered the amount of the allowed Chapter 11 administrative expense claim held by the debtor's employee benefit plans and increased the claim to include additional attorney fees and liquidated damages.
Debtors wanted to avoid a non-possessory, non-purchase money security interest lien on their vehicle. The Court granted the motion to avoid lien to the extent that it impaired debtors' right to claim an exemption in the vehicle as a tool of the trade.