Secured creditor showed sufficient cause under section 1112(b) to convert this Chapter 11 case to Chapter 7 due to the continuing loss and diminution of the estate by its officers & directors to the extent that reorganization of the debtor was unlikely
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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Rallye Aircraft Corp. v. Mid-Continent Stolcraft, Ltd. (In re Mid-Continent Stolcraft, Ltd.), Ch. 11, BK81-682 08/20/198208/20/1982
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Ardyce Mittan v. Melvin Mittan (In re Melvin Mittan), BK81-619, A81-303 08/19/198208/19/1982
The court found, after considering the circumstances, that an $18,000 judgment in ex-wife’s favor in connection with the parties’ divorce was a property settlement and not a debt in the nature of support. It therefore was dischargeable
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Arlyce F. Nickolai v. Douglas Nickolai (In re Douglas Nickolai), BK81-2291, A82-54 08/19/198208/19/1982
As part of the parties’ divorce proceedings, they entered into an agreed-upon division of debts and assets. The husband’s portion of that debt was dischargeable in bankruptcy because it was not in the nature of alimony, maintenance, or support
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Ronald & Diane Evans v. Mid-City Jewelry, Inc. (In re Evans), Ch. 13, BK81-2001, A82-189 08/10/198208/10/1982
Reported at 22 B.R. 608. Pursuant to state law, debtor had a right to obtain possession of his pawned goods for 4 months thereafter. That right was a sufficient legal/equitable interest to be property of the estate, & selling the goods violated the stay
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Wilbert & Theresa Sargent v. Bank of Valley (In re Sargent), Ch. 7, BK80-1083, A80-498 08/10/198208/10/1982
Although partial disbursement of SBA flood-assistance funds occurred before debtors’ mortgage-holder had signed a subordination agreement, SBA’s willingness to make the remainder of the loan provided consideration for the bank’s subordination
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Larry & Margaret Brown, Ch. 13, BK81-1665 08/10/198208/10/1982
Reported at 22 B.R. 363. Debtors’ attempt to sever & modify the portion of a claim secured by personal property from the portion secured by a mortgage runs afoul of sec. 1325(a)(5) because the distribution would be less than the claim’s allowed amount
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Roy Schooley v. Robert Mendyk (In re Mendyk), BK81-1200, A81-634 (Aug. 10, 1982) 08/10/198208/10/1982
Creditor’s complaint to determine dischargeability was filed late. Because there had been no motion to extend time before the deadline passed, nor any showing of excusable neglect, the court had no authority to retroactively approve the late filing
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Robert Baker, Ch. 13, BK81-2449 08/10/198208/10/1982
A $13,600 debt to debtor’s former wife was intended as property settlement rather than as support, so it was dischargeable. However, the debt for her attorneys’ fees was not dischargeable, because it constituted “support” during the divorce litigation
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Five Points Bank v. Lyle & Mary Spilger (In re Spilger), BK82-826, A82-392, Ch. 11 08/09/198208/09/1982
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Pride Foods, Inc., Ch. 7, BK81-1733 08/09/198208/09/1982
Reported at 22 B.R. 356. A creditor who held debtor’s property pre-petition pursuant to a pre-judgment attachment wasn’t entitled to admin. expenses under sec. 543 for doing so, as creditor was not a trustee, receiver, agent or otherwise a “custodian”