Forged checks drawn on debtor's account were deposited by forger's Kansas bank and paid by debtor's bank. Forged endorsements were effective under Kansas U.C.C. 3-405(1), but fact question exists as to whether bank's conduct was commercially reasonable
You are here
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.
Forged checks drawn on debtor's account were deposited by forger's Kansas bank and paid by debtor's bank. Forged endorsements were effective under Kansas U.C.C. 3-405(1), but fact question exists as to whether bank's conduct was commercially reasonable
Debtor attended college classes for only 2 or 3 days before learning that her entrance requirements were incomplete. School sought to have the semester's tuition bill declared non-dischargeable under section 523(a)(8). Court ruled in debtor's favor
Court analyzed whether a lease document was a true lease or a disguised security interest, concluding that it was a true lease, in part because language to the contrary had been included in the lease by mutual mistake.
If a debtor wants to amend the listed fair market value of his scheduled exemptions, he should have a reasonable basis for and evidence of the new values
Divorce decree was ambiguous on issue of alimony, so bankruptcy court reviewed the circumstances & found the monetary award was intended to be a structured property distribution, not alimony, and therefore was dischargeable under section 523(a)(5)
Preference action to recover payments to suppliers. Discusses the necessary elements of the "earmarking doctrine", where a creditor loans funds to debtor to pay off other creditors. The court found the loaned funds to be property of the debtor
Preference action to recover insurance premium payment. The payment was preferential because the insurance co. received more than it would have in a Chap. 7 liquidation, but the payment was made in the ordinary course of business, so it was not avoidable.
Debtor moved, post-discharge, to convert his case from Chapter 7 to Chapter 13 to deal with IRS debt. The court ruled that a trial is necessary to determine debtor's eligibility for Chapter 13 and whether he is acting in good faith in converting the case
A trial is necessary to determine whether the debtor engaged in "side-dealing" to artificially impair a small claim in order to gain acceptance of the plan pursuant to 11 U.S.C. section 1129(a)(10) and cram down the claim of a large secured creditor