Debts owed by general contractor to subcontractors were dischargeable. Debtor's signature on lien affidavits did not constitute fraudulent representations as to these creditors. Also, no basis existed for nondischargeability under 523(a)(4) or (a)(6)
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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 Nebraska law, a trust deed sale is not complete to cut off debtor's rights until title is conveyed to purchaser
Debtor owns an interest in a development company. The debtor's ownership interest is property of the estate, but the development company's assets, when held by the development company, are not assets of the debtor and are not property of its estate
Confirmed plan provided for insurance proceeds held by creditor to be applied "as agreed by the parties." Parties couldn't agree. Court found that any rights creditor had to the funds as security for its debt ended when debt was paid in full under plan
Debt not excepted from discharge under section 523(a)(2)(B) -- no false statement, no intent to deceive, and no reasonable reliance
Debt not excepted from discharge under Section 523(a)(2)(A). Breach of contract, but no false representation
Action to determine lien validity & priority. Bank lending money to individual partner did not intend loan to be for partnership and received no security interest in partnership property. Discusses Iowa UCC & partnership law
After a trial, the court ruled that the debt owed to the debtor's former spouse was not dischargeable under section 523(a)(5) as a debt in the nature of support and under section 523(a)(15) as a division of marital property which the debtor was capable of paying.
Under Nebraska rules of contract construction, the language of the loan documents at issue was unambiguous and the intent of the parties could be determined from the actual language of the documents. The debtor's objection to the claim was sustained