Published at 322 B.R. 874. Post-confirmation motion to sell certain assets was denied because sale provided no benefit to unsecured creditors & attempted to change Code priorities. Moreover, it isn't clear that the court has jurisdiction over Section 363(f) sales post-confirmation.
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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.
Judgment debt owed to landlord for damage to residence caused by debtor-tenant & her family was excepted from discharge as a willful & malicious injury to the creditor's property under 523(a)(6) - damage was intentional and certain to cause financial harm.
Reported at 308 B.R. 417. Former director & officer of credit union breached fiduciary duty to institution by obtaining loans in violation of board policy, so the debt to the credit union was excepted from discharge under section 523(a)(4).
Attorney fees awarded to plaintiff's counsel under Neb. Rev. Stat. section 21-2076 concerning derivative proceedings by shareholders
Debtor was not entitled to a homestead exemption. He was single on the date he purchased the home and on the petition date. Although stepchildren and other relatives stayed with him periodically, he did not qualify as head of household under Nebraska law
Published at 302 B.R. 650. The debtors' student loans were not discharged. Household expenses could be reduced and income could be increased to provide funds to pay toward the wife's student loans. In addition, the husband hadn't exhausted administrative remedies as to his loan.
Keith Pawlusiak v. Sandra Pawlusiak (In re Sandra Pawlusiak), Ch. 7, A03-8049, BK03-80540 11/21/2003
Evidence didn't support plaintiff's allegations of fraud, so the objection to discharge under various subsections of section 727(a) was denied
Reported at 301 B.R. 888. The Rooker-Feldman jurisdictional doctrine prohibits the bankruptcy court from reviewing in an appellate capacity the state court judgment concerning the division of marital property on which the defendant's lien is based.
Nebr. Trust Deeds Act (section 76-1010) requires delivery of the deed "forthwith", meaning "within a reasonable time under the circumstances." An intervening bankruptcy can stay delivery, but dismissal of the case doesn't require renoticing of the sale.
The court granted an administrative expense claim to vehicle lessor for balance due on lease after debtors assumed the lease, then defaulted on it and gave up the car.