District court order affirming 22 B.R. 356. An attaching creditor is not an agent or custodian under the Bankruptcy Code & can’t recover administrative expenses because it preserved the property for its own benefit, not for the benefit of all creditors
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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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Daisley Packaging Corp. v. Pride Foods, Inc. (In re Pride Foods, Inc.), Ch. 7, BK81-1733, CV82-O-466 05/26/198305/26/1983
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Mark McGill, Ch. 13, BK82-1474, CV83-O-? 05/16/198305/16/1983
District court affirmed the bankruptcy court’s order regarding the debtor’s ineligibility for Chapter 13 on the basis that disputed debt counts in the total debt calculation, but reversed as to the bankruptcy court’s sua sponte dismissal of the case
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Aetna Life Ins. Co. v. Reuben Leimer (In re Leimer), BK82-1888, A83-149 03/30/198303/30/1983
Real property in a spendthrift trust for the debtor's benefit property of the estate, as debtor held atlease an equitable interest in the property. The effect on creditors of the spendthrift provision's restriction on alienation wasn't decided
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Cassidy Land & Cattle Co., Inc. v. Commercial Nat'l Bank & Trust Co. (In re Cassidy Land & Cattle Co.), Ch. XI, BK82-1257, CV83-O-188 03/15/198303/15/1983
District court affirmed the confirmation of a creditor’s liquidating plan over the objection of the debtor-farmer, ruling that nothing in section 1123(b)(4) protects farmers from liquidation, particularly when the debtor didn’t file its own plan
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Merle Frasier, BK80-1371 02/15/198302/15/1983
The debtor’s former wife was found in contempt for having taken actions which violated the automatic stay with regard to disputed property. However, the court declined to impose sanctions upon her
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Duane Seaton v. Walter & Geraldine Siemsen (In re Siemsen), Ch. 7, BK81-2133, A82-91 02/15/198302/15/1983
A $50,000 loan from the plaintiff is a non-dischargeable debt under 11 U.S.C. section 523(a)(2) because the debtor misrepresented the collateral available to the plaintiff, and the plaintiff relied on that false representation when making the loan
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Ronald Worster, Invol. BK81-12 02/02/198302/02/1983
Other than the disputed debt of the petitioning creditor in this involuntary bankruptcy case, the evidence showed that the debtor was generally meeting his obligations to creditors, so the case was dismissed because it didn’t meet section 303(h)(1)
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First Nat'l Bank of Tekamah, Nebr. v. Orville & Virginia Hansen (In re Hansen), Ch. 11, BK81-1992, A81-808, CV82-O-412 12/21/198212/21/1982
Order affirmed bankruptcy court decision that debtor & his non-debtor wife jointly owned their farm assets, although bank handled loans solely with husband. Question remained as to whether wife ratified husband’s pledge of her share of the property
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Ferris & June Wilson v. Avco Fin'l Services (In re Wilson), BK80-471, A80-306 12/14/198212/14/1982
Reported at 25 B.R. 276. The language in each of the credit documents & security agreements executed by the debtors as they purchased household goods over the years indicates that the seller retained a purchase-money security interest in each item
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Kathryn Powelson v. Stewart School of Hairstyling, Inc. (In re Powelson), BK82-25, A82-246 12/14/198212/14/1982
Reported at 25 B.R. 274. Repayment of debtor’s student loan would cause an undue hardship for her under section 523(a)(8)(B) because the employment for which she trained provides her with a very low level of income. The debt is dischargeable