The debtor made a fraudulent conveyance when substantially all of its assets were transferred pre-petition to a third party for no consideration. The third party holding the assets must deliver possession of them to the bankruptcy trustee
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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James Stumpf, Trustee v. Kenneth McCulloch (In re Godmother's Pizza, Inc.), BK78-0-418 06/28/197906/28/1979
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ABC Transit Co., Case BK78-0-303 06/28/197906/28/1979
Bankruptcy court denies creditor's motion for leave to file a second amended involuntary petition, holding the new allegations impermissible as not related to the original petition and the motion was made too near in time to the pretrial conference
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James & Lucille Barker, BK78-0-778 and -779 06/28/197906/28/1979
Debtors deposited more than $19,000 with the clerk of the bankruptcy court and moved to dismiss case. The court granted the dismissal, authorized that $13,000 be paid to the IRS, and approved approximately $10,500 in fees & expenses for debtors' attorney
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Benkelman Cooperative Equity Exchange v. Phillip Koerperich (In re Koerperich), BK74-0-1616 06/28/197906/28/1979
Debtor reopened case to set aside default non-dischargeability judgments against him. The court held that the defaults could not be set aside where debtor reaffirmed the debts in writing & a state court issued a judgment in reliance on the default jmts
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Dennis & Judy Dahlberg, BK78-0-1356 and -1357 06/27/197906/27/1979
Debtors can't claim homestead exemption for home abandoned prior to bankruptcy filing. Each debtor may claim exemptions under Neb. Rev. Stat. secs. 25-1552 & 25-1556. Debtors' car can't be exempted as either a "tool" or an "immediate personal possession"
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Hy-Gain Electronics Corp.; Hy-Gain de Puerto Rico, Inc.; Hy-Gain Electronics Systems Corp., BK78-0-25, BK78-0-26; BK78-0-81 06/22/197906/22/1979
Court refused to set aside compromise agreement between DIP & lenders in which debtors agreed to pay 50% of banks' claims and give up ability to challenge banks' liens. The terms of the agreement were fully disclosed & unsecured creditors did not object
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Fremont Hormel Employees Credit Union v. Jack & Barbara Shelton (In re Shelton), BK79-0-152 and -153 06/20/197906/20/1979
Court found no exception to discharge for breach of fiduciary duty where the debtor sold loan collateral with creditor's permission but thereafter failed to pay the creditor; the parties' relationship was simply as debtor & creditor, not as fiduciaries
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National Bank of Commerce Trust & Savings Ass'n v. West Bellevue Co. (In re West Bellevue Co.), BK76-0-1239 06/20/197906/20/1979
The complaint in this adversary proceeding was dismissed when the plaintiff failed to appear for trial. However, the court retained jurisdiction over the debtor-defendant's counterclaim
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Mark Laughlin, Trustee v. Hockenberger & Chambers Co. (In re Thurston Corp.), BK77-0-356, Civil No. 79-O-33 06/15/197906/15/1979
On appeal, the district court affirmed the bankruptcy court's holding that, under the facts of the case, the infusion of funds by these creditors to the debtor corporation did not constitute bona fide loans but, rather, were contributions of capital
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J-G Sales Co., Greenheck Fan Corp., & Wholesale Heating & Cooling Supplies Co. v. Robert's Sheet Metal Co. (In re Robert's Sheet Metal Co.), BK79-O-82 06/13/197906/13/1979
Creditor suppliers filed an involuntary bankruptcy petition against the debtor. Of the several grounds alleged, the only one with merit concerned the debtor's transfer of real estate, which the court found was done with intent to hinder creditors