Debt to lender determined to be non-dischargeable under 11 U.S.C. section 523(a)(2)(B) because debtor intentionally submitted 2 materially false loan applications on which the lender reasonably relied. Debtor intentionally failed to list all his debts
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Summary judgment was granted to the lender on the issue of 11 U.S.C. section 552(b), finding that under the plain language of the statute, the bank's pre-petition security interest in milk should be given effect post-petition as well.
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
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