Reported at 5 B.R. 752. Zero-payment Ch. 13 plan doesn't violate good-faith requirement of Sec. 1328(a), even when used to discharge debts which are non-dischargeable in Ch. 7. Although this was a Bankruptcy Act case, court evaluated plan under '78 Code
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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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Benkelman Co-op. Equity Exchange v. Philip Eugene Koerperich (In re Koerperich), BK80-317 09/08/198009/08/1980
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John Wolf, Trustee v. Farrell Schmidt (In re Schmidt), BK78-O-468 09/08/198009/08/1980
Court denied trustee's attempt to reject a real estate installment sales contract. Although the escrow agent held the deed on the petition date, the parties later completed the sale and the deed was given to the buyers. It was not an executory contract
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First Loan Co., Inc. v. Claude Cramer (In re Cramer), BK80-1020 09/08/198009/08/1980
Plaintiff objected to its designation in the debtor's schedules as an unsecured creditor. The court agreed, granting the objection; plaintiff's state court judgment and order of attachment on the debtor's real estate rendered it a secured creditor
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John Goodknight v. Charles Turner (In re Turner), BK78-O-854, Civ. 80-O-130 08/13/198008/13/1980
District court affirmed bankruptcy court's order of Dec. 27, 1979, holding non-dischargeable a debt for willful & malicious conversion of property where the debtor as buyer, through creative financing, deprived seller of a security interest worth $11,000
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Robert Temme v. Ralph & Irma Whitwer (In re Temme), Ch. XI, BK78-L-244 08/11/198008/11/1980
Court allowed debtor to assign his real estate purchase contract to a third party in his reorganization plan, over the sellers' objection. In addition, the sellers waived their right to declare default & accelerate balance due by accepting a late payment
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Fort Calhoun State Bank v. Gene Abboud (In re Abboud), BK79-O-593, Civ. 80-O-79 08/08/198008/08/1980
District court opinion affirming bankruptcy court opinion of 12/28/79, discharging debt because bank had not proven by clear & convincing evidence that the debtor used a materially false written statement regarding his financial condition to obtain loans
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Connie Pierce v. Industrial Savings Co. (In re Pierce), BK79-1199, A80-15 07/25/198007/25/1980
Reported at 5 B.R. 346. Debtor brought this action under section 722 to redeem her car. The vehicle's value was disputed. The court ruled that the proper valuation date for redemption purposes is the date of the redemption proceeding, in most situations
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Mid City Bank, Inc. v. Donaciano Baca (In re Baca), Ch. XI, BK78-O-762 06/30/198006/30/1980
Debt to bank on two loans was held to be non-dischargeable because the debtor, intending to deceive the bank into making the loans, had submitted written financial statements containing materially misleading information, upon which the bank relied
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Aaron Ferer & Sons Co. v. Williams & Glyn's Bank Ltd. (In re Aaron Ferer & Sons Co.) (Codelco I), BK74-O-482 06/30/198006/30/1980
Defendents' motion for reconsideration of order granting stay pending appeal was denied. The court disagreed with defs' suggestion that, becuase the funds in question didn't belong to the debtor, they should have been paid immediately to the defendants.
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Robert & Margaret Patterson v. Donald Rubek, Jr. (In re Rubek), BK79-O-909 06/30/198006/30/1980
Debtor was an inexperienced contractor who underbid a job he was unable to do. He intended to perform the work when he took plaintiff's payment for it, so the debt is dischargeable. However, the balance of a separate restitution order is nondischargeable