Chapter 11 debtor filed adversary proceeding against MUD, asking court to set a reasonable amount for a utility deposit under section 366. Because of debtor's prior good payment record & MUD's ability to monitor the account, the court set deposit at $400
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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Custom, Inc. v. Metropolitan Utilities District (In re Custom, Inc.), Ch. 11, BK79-1536, A80-42 03/07/198003/07/1980
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Saul Stone & Co. v. Raymond Griess (In re Griess), BK77-L-317, CV79-L-41 01/28/198001/28/1980
District court opinion remanding case for further fact findings, because the facts stated in the bankruptcy court's 12/13/78 decision -- that debtor knew when he wrote a check to plaintiff that it couldn't be paid -- did not support non-dischargeability
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Charles & Mary Hermann v. Bank of Perry (In re Hermann), BK79-1174 01/14/198001/14/1980
Debtors' request to reaffirm a $7,600 debt secured by a sailboat and trailer was denied. The court found that a monthly payment of $326.76 to the bank from debtors' monthly income of $800 would constitute a hardship & would not be in their best interest
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John Rumbaugh v. Anthony Paonessa (In re Paonessa), BK78-O-847 01/04/198001/04/1980
Court ruled in debtor's favor regarding dischargeability. Debtor was a builder who didn't pay his subcontractors & materialmen, resulting in liens on plaintiff's property. Debtor was not a fiduciary, no trust was created, and no false pretenses existed
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ABC Transit Co., Case BK78-0-303 12/28/197912/28/1979
After involuntary petition was dismissed, alleged debtor moved for reimbursement of costs & attorney fees. The court granted the motion for fees which were directly related to defending against the petition, but not for peripheral business planning.
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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 12/28/197912/28/1979
Trustee's motion to set aside compromise agreement was unsuccessful, but was necessary to protect unsecured creditors' interests. For that reason, prevailing secured creditors' request for award of attorneys' fees & costs was denied. (Page 2 is missing)
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Fort Calhoun State Bank v. Gene & Jean Abboud (In re Abboud), BK79-0-593 and -594 12/28/197912/28/1979
Court ruled in debtor's favor in adversary proceeding seeking discharge exception for a false financial statement in writing. The court ruled that lender failed to prove the financial statements upon which it relied were inaccurate. (4th page is missing)
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First National Bank of Wisner v. Daniel & Marcella Anthony (In re Anthony), BK79-0-9 and -10 12/28/197912/28/1979
Creditor's objection to discharge was denied because court found no evidence of willful and fraudulent intent or efforts to hinder, delay or defraud creditors; the mistakes in and information omitted from the debtors' schedules appeared to be inadvertent
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Mark Laughlin, Trustee v. Community Housing, Inc. (In re Thurston Corp.), BK77-O-356 12/27/197912/27/1979
The court is not bound by state court's valuation of debtor's foreclosed property. It can assess the evidence of the real estate's value and come to its own conclusion. In addition, mortgage holder was undersecured & thus had an equitable lien on rents
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John Goodknight v. Charles Turner (In re Turner), BK78-0-854 12/27/197912/27/1979
The court found a debt nondischargeable under "willful & malicious conversion of property" exception when debtor as buyer obtained a first mortgage on airplane in an amount $11,000 more than he had agreed with seller, who became undersecured as a result