Summary judgment is denied because state court judgment on which plaintiffs rely doesn't address the same elements of fraud and defalcation by a fiduciary that need to be established to support a finding of non-dischargeability under section 523
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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.
Relief from stay granted to continue with arbitration proceedings. Factual disputes exist regarding the alleged breach and/or termination of the licensing agreement, & there is a strong presumption in favor of allowing arbitration proceedings to continue
Trustee's objection to claim of exemption in proceeds of settlement of wrongful death case was overruled. Nothing in Neb. Rev. Stat. section 25-1563.02 differentiates between proceeds received under either of the two wrongful death statutory schemes in Nebraska.
Summary judgment granted on cause of action under 11 U.S.C. section 523(a)(2)(A). The debtors did not respond to the motion or to discovery requests, so the requests for admissions were deemed admitted under Fed. R. Civ. P. 36(a) & Fed. R. Bankr. P. 7036
Published at 335 B.R. 428. Under Neb. Rev. Stat. section 25-1563.02, the full amount of a lump-sum or structured settlement as compensation for personal injury is exempt. The statutory language doesn't differentiate between exempt and non-exempt elements of the recovered damages.
Published at 321 B.R. 259. The court considered IRS procedures and ordered it to either process an offer in compromise from a taxpayer in bankruptcy or consider, in good faith, accepting less than the full amount of its claim through the Chapter 13 plan.
Published at 318 B.R. 166. Individual retirement accounts are generally exempt under Nebraska law. The Rousey decision by the 8th Circuit interpreted the Bankruptcy Code's exemption statute, which is different than the Nebraska exemption statute regarding IRAs.
Summary judgment granted to debtor on his 11 U.S.C. section 549 cause of action; purchaser did not give "present fair equivalent value" for the property by paying only the delinquent prepetition assessments & foreclosure costs, so the transfer was avoided
Objection to confirmation based on lack of good faith overruled; filing 4 bankruptcy petitions in 6 years is not bad faith under the circumstances. Moreover, debtors are paying all disposable income to plan for 5 years, so plan was proposed in good faith
U.S. Trustee's section 707(b) motion to dismiss for substantial abuse was denied because debtors' housing expense wasn't excessive under the particular circumstances of this case, and because debtor's 401(k) contributions are necessary for future support