A pre-petition judgment against debtor for conversion of property in a failed business venture didn't support exceptions to discharge under sections 523(a)(4) or (a)(6), but it did under section 523(a)(2)(A) for false representations to investors.
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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.
Federal income tax returns are "last due" for purposes of 11 U.S.C. section 507(a)(7)(A)(i) on April 15th following the close of the tax year, regardless if they were actually filed prior to that date. Section 507(a)(7)(A)'s three parts are disjunctive
Pre-petition loan from retirement plan is not a "debt" under Bankruptcy Code. Debtor may continue to repay the loan via payroll deductions if she pays unsecured creditors 100 % of their claims less the amount of the tax claim if the loan isn't repaid
Confirmed Chapter12 plans may be modified for a compelling reason, such as a weather disaster. However, provision whereby lender recorded escrowed deed after default resulted in completion of payments to that creditor, so plan could not be modified
Priority claims do not lose their priority status even if the claims are untimely filed
The court defers to Interstate Commerce Commission decision concerning "undercharges" for freight transportation by the debtor, a motor contract carrier. In addition, defendant is exempt from undercharge claims as a "small business concern" under NRA
The court defers to Interstate Commerce Commission decision concerning "undercharges" for freight transportation by the debtor, a motor contract carrier. In addition, defendant is exempt from undercharge claims as a "small business concern" under the Negotiated Rates Act of 1993.
In an extensive discussion of the Negotiated Rates Act of 1993, the court found that the defendant was not liable for the balance of the shipping rates it had been undercharged by debtor. The defendant was exempt as a small business under the Act's terms.
Debtor's assignment of a life insurance policy to the bank was valid, despite defects in the execution of the assignment, and the bankruptcy trustee holding the cash value of the policy for the estate should turn the funds over to the bank
On petition date, debtor's bank account held proceeds of auctions conducted by debtor for customers. Trustee could not claim the proceeds for the estate because they were held by debtor as agent for the owners; they did not become property of the debtor