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
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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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Dutton-Lainson Co. v. Robert Peterson (In re Peterson), BK79-1614, A80-208 03/20/198103/20/1981
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Merle Nicola, Trustee v. Carpenters, Inc. (In re Cagle, Inc.), BK77-O-1009, Civ. 80-O-112 03/17/198103/17/1981
District court affirmed the bankruptcy court’s decision to exclude from evidence at the trial on plaintiff’s claim the debtor’s general ledger and other accounting records because the plaintiff was unable to lay sufficient foundation for the records
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Olson Bros. Manufacturing Co., Inc., BK80-2674, Ch. 11 03/06/198103/06/1981
A Chapter 11 trustee was appointed to operate the business. The court subsequently granted trustee’s motion to remove company’s president, as there were concerns over use of assets as well as a lack of “united objectives” in dealing with third parties
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Benkelman Coop. Equity Exchange v. Phillip Koerperich (In re Koerperich), Ch. 13, BK80-O-317, CV80-O-612 03/05/198103/05/1981
District court opinion overruling the BK court opinion reported at 5 B.R. 752. According to the Eighth Circuit decision of Tenney v. Terry, 630 F.2d 634 (8th Cir. 1980), zero-payment Chapter 13 plans are not proposed in good faith & cannot be confirmed
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St. Joseph Bank & Trust Co. v. Indiana Refrigerator Lines, Inc. (In re Indiana Refrigerator Lines, Inc.), Ch. 11, BK81-86, A81-27 02/27/198102/27/1981
Relief from the stay was granted to a secured creditor because the debtor trucking company could not adequately protect the creditor’s collateral. Assets continued to depreciate while the debtor was unlikely to operate in the near future
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Robert's Sheet Metal Co., BK79-O-82, Ch. 7 02/24/198102/24/1981
The court approved fee application for attorney fees of creditors who filed an involuntary petition against the debtor. The court overruled the debtor’s objection, noting that the fees would have been lower had the debtor not resisted the petition
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West Bellevue Co., BK76-1239 02/24/198102/24/1981
The attorneys for the debtor-in-possession were entitled to fees and expenses, even though the case was subsequently converted from a Chapter XI to a “straight bankruptcy,” because their efforts preserved assets and provided benefit to the estate
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John Akin, Trustee v. Lincoln Bank South (In re Elaine Himberger), BK80-491, A80-273 02/24/198102/24/1981
Reported at 9 B.R. 278. Debtor’s “assignment of real estate equity and promissory note” to bank created a recordable interest and clearly showed an intent to create a lien on the land, so the trustee’s interest was subordinate to the bank’s mortgage
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Younker Bros, Inc. v. Kenneth Hargis (In re Hargis), BK80-59, A80-188 12/03/198012/03/1980
Younker's wanted a debt excepted from discharge under sec. 523(a)(2), believing debtor went on a spending spree with his charge card in anticipation of bankruptcy & incurred charges with no intent to pay them. The court found no such evidence of intent
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Lincoln Bank South v. Robert Rech (In re Rech), BK80-383, A80-234, Ch. 13 12/02/198012/02/1980
Court ruled that a lender was not entitled to relief from stay under section 1301(a) to pursue a non-debtor co-signer who received no proceeds or actual economic benefit from the loan. Moreover, the debtor is operating under a pay-in-full Chap. 13 plan