Debtor’s former wife took steps to obtain property of the estate for her own benefit, which the court viewed as a “flagrant” interference with the bankruptcy process and the authority of the court and which may warrant the imposition of sanctions
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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Merle Frasier, BK80-1371 04/13/198104/13/1981
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Robert Shearon, BK80-197 04/13/198104/13/1981
Reported at 10 B.R. 626. The priorities under 11 U.S.C. sec. 507(a) for employee wage and benefit claims should be construed to enforce the stated legislative intent of giving “comprehensive priority treatment to all forms of employee compensation”
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Helen Frasier v. Merle Frasier (In re Merle Frasier), BK80-1371, A80-363 04/13/198104/13/1981
Bankruptcy court is not the place to attempt to modify a divorce decree and property settlement. The order clarifies previous fact findings that debtor’s ex-wife has no property interest in crops and her interest in real estate is adequately protected
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Northwestern Nat'l Bank . James Stumpf, Trustee (In re D Corp.), BK81-262, A81-117 04/06/198104/06/1981
Creditors disputed the relative priority of their Article 9 security interests. The court found that the holder of a purchase-money security interest did not timely perfect its interest, so the lender’s security interest took priority over the PMSI
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Report & Recommendation on appeal in Aaron Ferer & Sons Co. v. Williams & Glyn's Bank Ltd. (In re Aaron Ferer & Sons Co.), BK74-O-482, CV80-O-507 04/03/198104/03/1981
On appeal of bankruptcy court's 6/30/80 order denying motion to reconsider stayed enforcement of a judgement, the magistrate judge recommended affirmance of the order because, contrary to def's argument, the bankruptcy court had jurisdiction to enter a stay
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Williams & Glyn's Bank, Ltd. v. Aaron Ferer & Sons Co. (In re Aaron Ferer & Sons Co.), BK74-O-482, CV80-O-613 04/03/198104/03/1981
Report and recommendation from magistrate judge recommending affirmance of the bankruptcy court’s order of Sept. 11, 1980, granting defendants’ motion for summary judgment and refusing to grant relief from the stay to pursue a state-court lawsuit
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Tonka Mills, Inc. v. Robert & Donna Seamark (In re Seamark), BK80-1761, A81-78 04/01/198104/01/1981
On motion to dismiss complaint for untimely filing, the controlling date is the date the complaint was originally filed, even if it wasn't accompanied by the appropriate filing fee, so the complaint was timely filed despite having been returned by clerk
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American Family Insurance v. Kenneth Kelley (In re Kelley), BK80-1347, A80-393 03/20/198103/20/1981
A debtor insurance agent who failed to collect and remit policy premiums may have breached his contractual obligations to the insurance company, but he did not violate any fiduciary duties between the parties. Accordingly, the debt is may be discharged
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Matthews Co., Inc. v. Robert Peterson (In re Peterson), BK79-1614, A80-143 03/20/198103/20/1981
Debt owed to debtor’s business supplier was dischargeable, as debtor’s intent at the time he ordered tools & equipment from the supplier was to continue in business. If debtor made a representation about payment, it created at most a breach of contract
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Dutton-Lainson Co. v. Robert Peterson (In re Peterson), BK79-1614, A80-208 03/20/198103/20/1981
Court ruled that denial of discharge was unwarranted because debtor’s failure to maintain books and records was adequately explained by debtor’s desire to deal on a “cash only” basis so judgment creditors couldn’t execute against his bank account