Bank wanted summary judgment saying that a new loan given days before filing was new value and thus not preferential. Court held it was preferential; Bank's new loan was given under circumstances that required debtors to pay off old loan owed to Bank.
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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.
Debtor sought to recover a pre-petition garnishment as a preference. The court could not enter judgment because it lacked personal jurisdiction over the defendant credit card issuer, and this district was not the appropriate venue for the matter.
The court denied the ex-husband's objection to confirmation. Debtor incurred post-divorce debt on a joint credit card, but there is no evidence the ex-husband is liable for the debt. The court found the case and the plan to have been filed in good faith.
The court reopened the case to include an asset they did not schedule. The asset – claims against other entities – should be evaluated by the Chapter 7 trustee to determine whether it has any value and whether the trustee should administer or abandon it.
The court ruled that the funds in the 50-year-old debtor's Individual Retirement Account, which were rolled over from a previous long-term employer's 401(k) retirement plan, were necessary for the debtor's support and were therefore exempt.
In a valuation dispute between the debtors and the lienholder on their auto, the court said the debtors are obligated to keep the vehicle in good repair and should not be permitted to benefit from a reduction in value attributable to unrepaired damage.
A mortgage company did not have a right to be awarded miscellaneous costs and fees, such as inspection fees and late charges, as part of its motion for relief concerning delinquent payments unless it had submitted evidence in support of those charges.
Reported at 325 B.R. 842. Child support is property of the estate. Debtor was permitted to exempt tax refunds. Debtors and counsel should make sure schedules as filed contain complete, accurate information upon which trustee and creditors can rely.
The debt owed to a surety which issued two performance bonds to the debtor's construction business was excepted from discharge under § 523(a)(2)(A) because the debtor forged his brother-in-law's signature on the required indemnity agreements.
Under Nebraska law, the trustee could not assume an executory title insurance contract for which debtor was an underwriting and processing agent. The other party to the contract therefore had a claim against the bankruptcy estate for the rejection.