Debt to corporation and other shareholders is non-dischargeable under section 523(a)(4) because debtors breached fiduciary duty and misappropriated corp. assets. Also non-dischargeable under section 523(a)(6), as debtors acted with intent to cause injury
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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.
Under U.C.C. and Nebraska Effective Financing Statement law, the debtor feedlot's lender held superior lien rights to corn and cattle in debtor's possession but in which plaintiff claimed an ownership interest.
A debtor's income tax refunds are not "earnings" and cannot be exempted under the Nebraska garnishment statute
Student loans are non-dischargeable because their repayment would not impose a hardship on the debtor. He is able-bodied, intelligent, single, and eligible for the Wm. D. Ford loan consolidation program.
Debtor's motion to file a priority tax claim on behalf of the IRS is denied. Unlike Chapters 7 and 11, there is no bifurcated tax year in Chapter 13. The creditor must file a claim under Section 1305 before Sections 502(i) or 507(a)(8) become applicable
Permanent injunction granted in ancillary case under section 304, prohibiting claimants from pursuing lawsuits in U.S. The Cayman Islands insolvency laws provide for claims filing and allowance procedures similar to those under U.S. bankruptcy law
Debtor's Roth IRA, containing $3,300, should be turned over to the Chapter 7 trustee for administration. The debtor has 30+ years until retirement, no dependents, and little debt, so the IRA isn't necessary for his support
Judgment entered in favor of the debtors on section 523(a)(2)(A) and 523(a)(6) claims. Overdrawing a bank account didn't constitute fraud, false pretenses or false representation. Withdrawing funds from an investment account wasn't willful & malicious
Judgment entered in favor of the debtor on section 727(a)(2) and 727(a)(4) claims. While debtor failed to schedule certain assets & debts, it didn't appear to be done with an intent to defraud
Debt declared nondischargeable under section 523(a)(15)(A). The debtor owns sufficient assets, including some ostensibly transferred to his mother, to pay the judgment to his former wife