Reported at 97 B.R. 565. The court denied discharge under § 727(a)(2) after finding sufficient extrinsic evidence of the debtors’ intent to hinder, delay, or defraud a creditor by making a concerted effort to remove assets from the creditor’s reach.
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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.
Reported at 97 B.R. 554. The bank’s judicial lien on rents could not be avoided as a preference under § 547 or under the trustee’s general avoiding powers in § 544 or as a statutory lien under § 545 or under the court’s equitable powers pursuant to § 522(b).
Reported at 97 B.R. 561. The court denied debtor’s motion for turnover, finding it to be in the creditors’ best interests that a receiver remain in possession, as the debtor was unable to prove that his plan to enroll the property in the CRP was feasible.
Reported at 96 B.R. 972. Debtors’ motion for turnover of assets from the receiver was granted. Section 543 merely requires the debtors to prove that turnover would be in the best interest of creditors, which is separate from the ability to reorganize.
Reported at 96 B.R. 967. The bankruptcy court has no jurisdiction over a conversion action against a Chapter 9 debtor or its employees, officers, or agents. The action is more appropriately brought under the Political Subdivisions Tort Claims Act.
Reported at 102 B.R. 183. IRS’s lien for taxes should be treated as a secured claim. Debtor didn’t have sufficient assets for a lien for two years of tax assessments to attach, so the claims for those years should be treated as priority under § 507(a)(7).
Reported at 107 B.R. 662. Farm Credit Bank’s motion for relief to pursue foreclosure was denied because it had not determined whether the debtors’ loan was distressed and subject to restructuring, as required by the Agricultural Credit Act of 1987.
Reported at 96 B.R. 966. Chapter 9 precludes the court from ruling on the appropriateness of using debtor’s bond funds to pay administrative expenses on an interim basis. State law governs such distributions, other than through a plan of adjustment.
A right of set-off is in the nature of a counterclaim allowing for the payment of a net amount between those who owe each other money. While the set-off right is treated as a secured claim in bankruptcy, it is not a lien and cannot be avoided as a prefere
Reported at 94 B.R. 157. Debtor filed a voluntary Chapter 11 petition, effecting a conversion of the existing involuntary Chapter 7 case. The date of commencement relates back to the Chapter 7 filing date and the transfer at issue therefore was post-petition and not avoidable.