Court dismissed DIP's fraudulent transfer claims regarding the business's leveraged buyout because no transfer of debtor's property occurred, and even if it had, the lenders & initial transferee were indispensable parties who couldn't now be added.
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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.
Debtor's equitable interest in the expected distribution in 2 years of the corpus of a testamentary trust is not property of the bankruptcy estate because of the trust's spendthrift provision
Case dismissed because debtor exceeded Chap. 13 debt limits. Claims at issue were liquidated and noncontingent, even though they were disputed
Statute of limitations for purposes of fraudulent transfer begins to run when deed is recorded. Settlement of state court lawsuits regarding fraudulent transfers is not res judicata as to trustee's action
Debtor's failure to completely pay post-petition income taxes is not a material default with respect to a confirmed plan for purposes of section 1307(c)(6)
Obligation to injured employee is nondischargeable under section 523(a)(6) as a debt resulting from willful and malicious injury to employee's statutory right to workers' compensation.
Conversion of debtor's trailer was not malicious under section 523(a)(6), although the refusal to turn over excess proceeds of sale of trailer was, because it was certain to cause debtor financial harm.