Although the defendant corporation in this collection action should have appeared through counsel to respond to the motion for summary judgment, the motion was denied because the defendant did raise factual issues regarding the amount of the debt.
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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 trustee should respond to the debtor's discovery requests, even though the trustee considers them burdensome and harassing, because they are relevant to the administration of the bankruptcy estate and the debtor's motion to remove the trustee.
The court granted a creditor’s motion to convert this case from Chapter 11 to Chapter 7, finding cause for conversion in the debtors’ inability to formulate a feasible plan because they were unable to find a buyer for their primary asset. The debtors also failed to file a disclosure statement and plan within the time periods established by the Bankruptcy Code, and paid pre-petition expenses and post-petition professional fees without court order.
Court denied bank's objection to discharge under § 727(a)(2) and (a)(4) because there was no evidence that the asset transfer at issue occurred within one year prior to the petition date, and because the errors on debtors' schedules were harmless.
The court ruled that the county did not hold a first-priority lien for unpaid personal property taxes on proceeds of the sale of debtor's assets because the county had not assessed the debtor for the taxes. The assessment was against a related company.
In an adversary proceeding in which the sole issue was whether the county had “assessed” liability for personal property taxes to the debtor, the county sought to amend its response to a request for admission because, while the response as given was a true statement, its format was informal and did not constitute a statutory certificate of assessment.
The court granted the county’s motion to the extent of finding that the response provided was not evidence of legal assessment, and the court did not rely on the response as a certificate of assessment when by separate order it denied the county’s motion for summary judgment on the issue of whether the county held a tax lien in the proceeds of the sale of the debtor’s assets.
Through mutual mistake, a creditor was overpaid on its secured claim. The trustee requested a refund but creditor did not comply. The court ordered the creditor to turn over the funds by a date certain or face monetary sanctions for failing to do so.
The debtor in possession's proposal to lease out equipment was denied because the lease was not in the ordinary course of business, it was not identified in the plan, and it may be in violation of the terms of a lease that the debtor has with another entity.
The court denied the bank's motion to enjoin the debtor from further filings. The court pointed out that the debtor had raised legitimate issues in his motions and may have a valid pecuniary interest in the case when its administration was completed.
The parties' divorce decree ordered the debtor to pay a sum certain to his former spouse "to equalize the marital estate." The obligation was a property settlement payment and not a domestic support obligation entitled to priority under the Code.