Debt to lender was declared non-dischargeable because the debtor had knowingly provided a false financial statement -- listing assets not owned by the debtor -- to the lender, and the lender had relied on it in deciding to extend credit to the debtor
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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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First Nat'l Bank & Trust Co. of Lincoln v. Tom Roth (In re Roth), BK79-L-193 06/26/198006/26/1980
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Elizabeth Longley v. Tom Roth (In re Tom Roth), non-dischargeability proceeding 06/26/198006/26/1980
Debtor willfully & maliciously converted plaintiff's property to his own use when he obtained a deed from her via misrepresentations and then mortgaged the property. It was foreclosed upon. Court entered judgment in plaintiff's favor for the sale price
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LaFrance Industries Division of Riegel Textile Corp. v. Bradley Handy (In re Handy), BK79-O-615 06/26/198006/26/1980
Court ruled against creditor in false pretense/false representations non-dischargeability action, because none of the evidence indicated that the debtor wrote any of the bad checks issued by his son's business or that he even was involved in the business
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Hy-Gain Electronics Corp.; Hy-Gain de Puerto Rico, Inc.; Hy-Gain Electronic Sys. Corp., BK78-O-26, BK78-O-25, BK78-O-81 (fee app.) 06/18/198006/18/1980
The court approved, over objection, application for interim compensation by counsel for the trustee, noting that these cases involve significant assets, some located outside the U.S., and complex claims, requiring much work by the trustee & his attorneys
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P.H. Weitzel Insurance Agency, Inc., Ch. X, BK77-O-1116 (admin. expenses) 06/18/198006/18/1980
Trustee sold eight oil and gas leases. In keeping with the fair & equitable doctrine of Chapter X, the administrative costs for each lease should be deducted from the gross proceeds of each lease before the balance is distributed per priority position
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Hy-Gain Electronics Corp.; Hy-Gain de Puerto Rico, Inc.; Hy-Gain Electronic Sys. Corp., BK78-O-26, BK78-O-25, BK78-O-81 06/18/198006/18/1980
Bankruptcy trustee sought court's guidance on whether to pursue litigation against the debtors' officers and directors. After reviewing the potential causes of action, the court advised against it based on issues of standing and a likely minimal recovery
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P.H. Weitzel Insurance Agency, Inc., BK77-O-1116 06/18/198006/18/1980
Upon conversion from Chatper X to straight bankruptcy, it was appropriate to grant debtor's counsel's request for fees and expenses. This was a complex bankruptcy case and debtor's counsel provided significant assistance to the trustee and his attorneys
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Occidental Life Ins. Co. of California v. Harrison Associates, Ltd. (In re Harrison Associates, Ltd.), Ch. 11, BK79-1612, A80-201 06/17/198006/17/1980
Court denied mortgage-holders' request for relief from stay because there was no evidence the mortgages on this asset were in default or that any of the mortgagees had been harmed. The debtor had also recently filed a Chap. 11 plan to deal with the debts
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Raymond Lamborn v. City-County Employees Credit Union (In re Lamborn), Ch. 13, BK80-252, A80-162 06/17/198006/17/1980
If the debtor prevails in this lawsuit, the City of Lincoln may be jointly liable with the City-County Employees Credit Union. The city is not a necessary party for complete relief to be accorded, but may be joined as a party by the credit union
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Paul & Marjorie Centineo, Ch. 13, BK79-1340 06/16/198006/16/1980
Reported at 4 B.R. 654. Pursuant to section 1326(a) and (b), the Chapter 13 trustee will receive a percentage fee of all payments made "under the plan," even if some of those plan payments are made directly to creditors rather than through the trustee