A bank-card creditor sought to except credit card debts from discharge, alleging that the debtor defrauded it by using the charge accounts. However, the creditor was unable to prove the debtor acted with “guilty intent” when she incurred the charges
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Opinions
The District of Nebraska offers a database of opinions for the years 1997 to 2011, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.
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Nat'l Bank of Commerce Trust & Sav. Ass'n v. Linda Rautman (In re Rautman), BK80-1674, A80-476 06/28/198306/28/1983
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Ranco Company, Ch. 11, BK82-320 06/28/198306/28/1983
Chapter 11 plan confirmation requirements permit a dissenting class to demand full value before any junior class is paid. Here, the plan is not confirmable because it gives equity security holders a valuable right unavailable to other classes
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Farmers State Bank of Douglas, Neb. v. Mark & Christi Miller (In re Miller), BK81-1494, A81-694 06/28/198306/28/1983
To perfect a security interest in a vehicle, a creditor may either note its lien on the title certificate or take possession of the manufacturer’s certificate of origin (MCO). Here, the lender did not prove that it had done either as of the petition date
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Merrill & Deanna Downey, BK82-1776 06/28/198306/28/1983
The structure of section 363(c)(3) allows for a preliminary hearing on the use of cash collateral to determine whether, at a final hearing on adequate protection as requested by a secured creditor, the debtor could reasonably be expected to prevail
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Richard Myers, Trustee v. Patricia Joiner (In re Joiner), Ch. 7, BK80-2731, A81-160 06/28/198306/28/1983
The court denied the trustee’s objection to discharge under 11 U.S.C. sec. 727(a)(2) and (a)(3), concluding that the debtor acted under a mistaken belief as to the ownership of certain assets, rather than with bad faith or an intent to conceal the assets
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G & G Beverages, Inc., BK83-478 06/28/198306/28/1983
A creditor with a security interest in inventory would not be adequately protected if the debtor were to use cash collateral to buy new inventory because the security interest would not attach, leaving creditor without cash or inventory as collateral
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Andrew Manes, BK82-774, Ch. 13 06/27/198306/27/1983
A “claim” is the actual debt, not the physical document filed with the court as proof of the claim. When a debtor uses Chapter 13 to attempt to preserve a small business, he becomes bound to pay the secured creditor the going-concern value of that busines
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David Fenstermacher v. Debbie Irmer (In re Fenstermacher), Ch. 7, BK80-913, A80-569 06/27/198306/27/1983
Reported at 31 B.R. 77. Under the plain language of section 523(a)(5)(A), a debt for child support arising in connection with a paternity decree rather than a separation agreement, divorce decree, or property settlement agreement is dischargeable
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Donald McDonald v. Diane McDonald (In re Donald McDonald), Ch. 7, BK80-2266, A80-493 06/27/198306/27/1983
Reported at 31 B.R. 79. Under the law in effect on the petition date (prior to the effective date of the Omnibus Reconciliation Act of 1981), a debt for child support assigned by the recipient to a third party is dischargeable to the extent of the assignm
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Thomas Miller v. Douglas Merz, Richardson County Attorney (In re Miller), Ch. 13, BK81-1835, A82-106 06/23/198306/23/1983
Reported at 31 B.R. 75. Debtor’s bankruptcy case was filed after the effective date of the amendments to section 523(a)(5), so all of his child support obligations – including those assigned to the state prior to the amendment – were non-dischargeable