The district court dismissed a creditor's appeal of the denial of a jury trial in a core proceeding. The issue on appeal was the constitutionality of the bankruptcy court's authority under 28 U.S.C. § 1411, which the district court held was inapplicable
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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.
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The court imposed monetary sanctions against the State of Nebraska and its legal counsel under Rule 9011(a) for refusing to withdraw an unwarranted non-dischargeability complaint it filed against a corporate debtor and a non-debtor individual.
Reported at 117 B.R. 510. The lessor of personal property under a lease that is not assumed or rejected is entitled to an administrative expense claim equal to the fair rental value of the property during the debtor's post-petition possession of it.
Although the debtor intentionally provided a materially false financial statement to the lender in order to obtain money, the debt should not be excepted from discharge under § 523(a)(2)(B) because the lender could not reasonably have relied on it.
A creditor's administrative expense claim for goods sold post-petition but pre-conversion was not timely filed. The debtor gave proper notice of the post-conversion claims bar date under Rule 1019, and no authority existed for enlarging the time
The debtor falsely listed assets amounting to 20 percent of his total assets on his financial statements, rendering them materially false, but the bank's reliance on those statements was unreasonable because it should have conducted an inspection
The debtors' Chapter 13 plan may not discriminate among unsecured creditors by giving preferential treatment to an unsecured claim resulting from a bad check unless the debtors can show they will face criminal prosecution if the debt isn't paid in full
The court has broad discretion in determining the proper remedy for a fraudulent conveyance. Here, where debtor received no benefit from the conveyance, the appropriate remedy was to annul the note & mortgage and return debtor to its previous position
Collateral is valued as of the confirmation date, so post-petition increases in value are included when the claim is determined. The plan could not be confirmed, however, because debtors proposed to keep property before paying all creditors in full
Reported at 98 B.R. 490. Post-confirmation, funds held by the Ch. 13 trustee are property of the debtor, not the estate, & the IRS's levy on such funds doesn't violate the stay. The bankruptcy court can't interfere with tax collections from non-debtors