At trial, the debtors proved that the defendants intentionally made misrepresentations to them that caused them to allow property to be sold at a trustee's sale. However, the debtors suffered no monetary damage as they had no equity in the property.
You are here
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.
Debtor originally filed Chapter 13 agreeing to a value less than owed for her car. She then converted to Chapter 7 and wanted to redeem for fair market value, an amount less than the value agreed to. Court ruled this is lien stripping and is prohibited.
The need for factual findings precluded summary judgment on allegations under § 727(a)(2), (a)(4), and (a)(5) that the debtor intentionally hid or diverted assets from his creditors and failed to disclose or explain the alleged transfers of assets.
The assets of a corporation owned by the individual debtors are not property of the bankruptcy estate and are not subject to the automatic stay. Debtors' post-petition effort to protect the assets from execution by transferring them was in bad faith.
The court denied confirmation of the debtors' Chapter 13 plan because it was filed in bad faith. The debtors attempted to transfer corporate assets to themselves to protect them under the automatic stay, and they lied about one debtor's employment.
The court ordered the bank, which had executed on a judgment pre-petition and was holding the debtor's livestock and other personal property, to release the execution and return the property to the debtors, with no need to pay adequate protection.
The Chapter 11 trustee's motion for summary judgment on his complaint to avoid and recover alleged preferences and fraudulent transfers made to insiders of the debtor was denied for lack of evidentiary support on both sides of the motion.
The court denied summary judgment to the Chapter 11 trustee on his preference and fraudulent conveyance action against an alleged insider of the debtor because the evidence in the record did not establish the necessary statutory elements.
Summary judgment was denied on the issue of lien priority between certain secured creditors and a statutory lienholder because questions existed with regard to the nature and extent of the secured creditors' business arrangements with the debtor.
The relationship between the debtors and certain lien holders in debtors' inventory was unclear, so factual issues precluded summary judgment in a dispute with the holder of statutory liens in the same collateral over lien validity and priority.