Because the debtor had already been in a bankruptcy case dismissed during the prior year, the automatic stay automatically terminated. The present case, filed to stop a deed of trust sale, had not been filed in good faith as to the real estate creditors.
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Opinions
United States Courts Opinions (USCOURTS) collection is a collaborative effort between the U.S. Government Publishing Office (GPO) and the Administrative Office of the United States Courts (AOUSC) to provide public access to opinions from selected United States appellate, district, and bankruptcy courts.
The District of Nebraska offers a database of opinions for the years 1997 to current, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.
Grants debtor's motion to reopen case to recover money withheld from her unemployment benefits post-discharge by the state labor dept. to recoup pre-petition overpayments. Discusses Bankruptcy Code's distinction between recoupment and setoff.
While the creditor's motion to dismiss the bankruptcy case because debtor did not obtain proper corporate authority to file it was probably valid, the creditor waited too long to bring it. Significant administration of the case had already occurred.
Under Nebraska statutory law, the debtor's workers' compensation settlement for a work-related injury was exempt from creditors' claims, including the hospital lien for medical services provided to him. The medical debt was dischargeable.
The court granted summary judgment to the Chapter 7 trustee on the trustee’s complaint to recover a preferential payment to an unsecured creditor. The defendant did not file a resistance to the motion.
The debtor's claims for breach of contract and breach of warranty for real estate improvements against the construction company that built its Lincoln apartment complex were barred by the Nebraska statutes of limitation and statute of repose.
In priority dispute between the holder of a perfected first-priority blanket lien and a mechanic with a statutory artisan's lien, the holder of the blanket lien prevails because the mechanic did not maintain continuous possession of the collateral.
Issues of non-dischargeability under § 523(a)(6) for debtor's alleged conversion of assets and equitable subordination of the bank's lien under § 510(c) for its alleged conduct require factual findings and cannot be decided on summary judgment.
The court denied the student loan creditor's motion for summary judgment because the discharge of student loans is a fact-intensive inquiry in which a debtor must prove that reasonable future financial resources will not be enough to repay the debt.
The debtor was alleged to have incurred a non-dischargeable debt for luxury goods and services shortly before filing bankruptcy. She did not respond to discovery, so each element of the case was deemed admitted and judgment was entered against her.