Reported at 393 B.R. 222. The debtor, as trustee of an express trust, was found to have failed to turn over trust assets upon request. Under Eighth Circuit bankruptcy law, that constituted a defalcation of her fiduciary duty and was non-dischargeable.
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.
The court denied debtor's motion for an extension of its exclusive period to file a plan & disclosure statement because debtor hadn't shown "cause" Ongoing litigation and approval of the sale of assets would take longer than the requested extension.
The Chapter 7 trustee was immune from suit for selling the debtor's personal property pursuant to court order. The dispute between the debtor's landlord and the secured creditor over the distribution of the sale proceeds could proceed in state court.
Reported at 393 B.R. 697. Confirmation of debtor's plan was denied because the totality of the circumstances indicate he attempted to unfairly manipulate the Code by knowingly filing his petition and plan just before his income rose significantly.
The court, after taking testimony, approved the sale of the assets of a business owned by the debtor. The court also granted the debtor's motion for turnover of certain items of personal property that had been left on the business premises.
Debtor's objections to the trustee's attorney's fee application were overruled. The trustee may employ himself as counsel and be compensated from the estate for his services as counsel if those services were necessary and beneficial to the estate.
Court grants trustee's motion to dismiss case for abuse. Debtors are not entitled to deduct 401(k) loan payments as secured loans to calculate means nor do the debtor's payments qualify as special circumstances to rebut the presumption of abuse.
A collection agency was monetarily sanctioned for violating the automatic stay by refusing to acknowledge the bankruptcy, threatening criminal prosecution, and withdrawing funds after coercing debtors into revealing bank account information.
*Reversed at 613 F.3d 810.* A farm lessor whose rent payment came due post-petition is entitled to an administrative expense claim under § 365(d)(3) for the prorated amount of rent attributable to post-petition, pre-rejection use of the property.
An injunction enjoining all actions related to the sale or purchase of products manufactured by the debtor was extended for 90 days. With permission, claimants could proceed against entities not having co-insurance or indemnification rights.