The debtor's sale of collateral without the secured party's approval and without including the secured party as co-payee on the check was willful and malicious and caused financial harm to the secured party, rendering the debt non-dischargeable
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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.
Federal Deposit Insurance Corp. v. Steven Wehmer (In re Wehmer), Ch. 12, BK87-84, A87-133 09/22/1988
The debtors' appeal was dismissed as untimely. Even if the debtors' motion to vacate the bankruptcy court's order was construed as a motion that tolls the appeal period under Rule 8002, it was still untimely.
The debtor's pre-petition renunciation of his interest in a decedent's estate may constitute a fraudulent transfer, as the right to exercise the power to disclaim an inheritance may be a property interest which became part of the bankruptcy estate
Debtors have an absolute right to dismiss their Chapter 12 case, but the court is obligated to protect the integrity of the bankruptcy system, so this dismissal should be subject to a refiling limitation in light of fraud allegations against the debtors.
The court denied discharge under § 727(a)(5) because debtor – a sophisticated businessman – couldn't adequately explain the disappearance of more than $100,000 in assets, and under § 727(a)(3) because he failed to keep or produce financial records.
While debtors' plan was silent on the treatment of the county's real estate tax lien, Nebraska law as applied by the state and bankruptcy courts acknowledges the county's lien priority, so, upon sale, taxes should be paid ahead of the secured creditors
The court ruled that the bank didn't have a security interest in wife's half of the farm assets because she didn't execute any security instruments. The bank did hold a security interest in post-petition crops planted with pre-petition cash advances
Robert & Dorothy Kopecky v. James Kopecky (In re James Kopecky), Ch. 7, BK87-2833, A88-70 08/26/1988
Co-debtors who paid off a debt to prevent foreclosure had standing to pursue an adversary proceeding under §§509 and 510 because the trustee did not properly abandon the property and because their payment may have given the debtor equity in the property.
The debtor's appeal to the district court was dismissed because he failed to abide by procedural rules and timely file a designation of record or statement of issues despite being granted repeated extensions of time to do so
The court found debtor to be eligible for Chapter 13 relief because his non-contingent, liquidated, unsecured debts were below the § 109(e) limit and because, although self-employed, he had sufficient regular income to maintain repayment of debts