Chapter 7 debtors have an absolute right under § 706(a) to convert their case to Chapter 13 if they are eligible for such relief. A creditor opposed to the conversion may object to plan confirmation or move for stay relief in the Chapter 13, if grounds ex
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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 credit card debt was nondischargeable under § 523(a)(2)(A) and (C) because he charged significant amounts, for both business and personal expenses, in the two months prior to bankruptcy, knowing that he was unlikely to be able to pay the debt
The district court dismissed the creditor's appeal of an order denying confirmation because, contrary to the creditor's appellate argument, the bankruptcy court had made no findings as to valuation and had in fact ordered an amended plan to be filed.
Federal Deposit Insurance Corp. v. Steven Wehmer (In re Wehmer), Ch. 12, BK87-84, A87-133 09/22/1988
The debtor's sale of collateral without the secured party's approval and without including the secured party as co-payee on the check was willful and malicious and caused financial harm to the secured party, rendering the debt non-dischargeable
The debtors' appeal was dismissed as untimely. Even if the debtors' motion to vacate the bankruptcy court's order was construed as a motion that tolls the appeal period under Rule 8002, it was still untimely.
The debtor's pre-petition renunciation of his interest in a decedent's estate may constitute a fraudulent transfer, as the right to exercise the power to disclaim an inheritance may be a property interest which became part of the bankruptcy estate
Debtors have an absolute right to dismiss their Chapter 12 case, but the court is obligated to protect the integrity of the bankruptcy system, so this dismissal should be subject to a refiling limitation in light of fraud allegations against the debtors.
The court denied discharge under § 727(a)(5) because debtor – a sophisticated businessman – couldn't adequately explain the disappearance of more than $100,000 in assets, and under § 727(a)(3) because he failed to keep or produce financial records.
While debtors' plan was silent on the treatment of the county's real estate tax lien, Nebraska law as applied by the state and bankruptcy courts acknowledges the county's lien priority, so, upon sale, taxes should be paid ahead of the secured creditors
The court ruled that the bank didn't have a security interest in wife's half of the farm assets because she didn't execute any security instruments. The bank did hold a security interest in post-petition crops planted with pre-petition cash advances