The settlement of a purported fraudulent transfer was not approved because it was not in the estate's best interest. The estate would gain little benefit from the settlement, in light of the straightforward and easily litigated issues in the case.
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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.
The debtor did not qualify for a waiver of the filing fee to appeal the court's denial of her application to waive the Chapter 7 filing fee because she did not fall below the poverty line and because she had assets available from which the fee could be pa
The court denied a secured creditor’s motion for relief from stay for cause, including lack of adequate protection. While the debtors may have used some post-petition proceeds of the sale of sod, they retained most of the proceeds, they would be filing a motion for use of cash collateral, and there was no evidence that the collateral value was declining, so the court found it difficult to determine how the creditor was being harmed by temporarily maintaining the status quo.
Cause existed under § 362(d)(1) to annul the automatic stay and ratify a foreclosure sale of the debtor's property that was unintentionally conducted post-petition. There was no evidence that a new sale would produce a greater benefit to the estate.
The court denied defendants' motion to dismiss, because the adversary proceeding's scope was broad enough to provide a single forum for determining the extent of the parties' rights and because plaintiff should be allowed to cure defective service.
The amount of child support to be paid should be determined by the state court, although the creditor cannot execute on any judgments against the debtor's assets. Failure to pay post-petition child support is cause to seek sanctions from state court.
The bank filed a motion to dismiss the case as a sanction for debtors' failure to timely file delinquent tax returns pursuant to local rule. The court denied the motion, ruling that dismissal was not warranted because debtors were attempting to comply.
The judgment held by a creditor was an unsecured claim. Its amount could be resolved through the claims litigation process, so it was unnecessary for the creditor to obtain stay relief to have the court that entered the judgment determine its amount.
In this adversary proceeding concerning the dischargeability of a judgment debt owed to the plaintiff, as well as a request for a denial of discharge for concealment of financial information, the debtors did not respond to the plaintiff’s request for production of documents until the court ordered them to do so. The debtors eventually produced some of the tax returns and other documents sought, but did not provide tax returns for their affiliated entities, saying the entities had not filed tax returns and therefore could not provide them. The plaintiff requested sanctions for failure to timely comply with discovery orders, suggesting that entry of a judgment excepting the debt from discharge and denying the debtors a discharge would be appropriate. The court called the request “too onerous” in light of the debtors’ late but ultimate compliance with most of the request, and gave the debtors additional time to produce the rest of the materials, although the court warned it would consider imposing the sanctions requested if the debtors failed to comply.
Debtor alleged a violation of the discharge injunction in connection with creditor's state-court recovery of property. Creditor was entitled to summary judgment on Rooker/Feldman grounds and because no willful violation of § 524 was shown.