The debtor provided written financial documents containing inaccurate and misleading information to his lender, which relied on them in making loans to him. As a result, his debt to the lender was found to be non-dischargeable under § 523(a)(2)(B)
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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.
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Pre-petition, the debtor settled a personal injury claim with his former employer and received an annuity. He assigned his interest in the payments to his lender; the assignment removed the settlement proceeds from exempt status under Nebraska law
On appeal, the district court affirmed the bankruptcy court order determining the value of tracts of land owned by the debtor. The district court found no clear error in the bankruptcy court's decision based on "extensive factual and expert testimony"
On appeal, the district court affirmed the order approving the receiver's final report and granting a discharge. Debtor's attorney's objection that he was owed money for professional services was overruled because he hadn't filed a fee application
The Federal Rules of Bankruptcy Procedure didn't incorporate FRCP 4(j)'s time limit for service and, even though plaintiff failed to achieve timely service, the court was unwilling to prejudice the parties by using its discretion to dismiss the case
In an involuntary bankruptcy, a Chapter 7 trustee seeking to recover a preferential transfer must prove insolvency under the balance sheet test of § 101(31)(A), rather than relying on the § 303 test of debtor generally not paying debts as they become due
The court overruled debtor's objection to claim, finding the financing statement in question was sufficient to provide notice to third parties of the collateral covered and the debtor's identity, despite a minor error in the address listed for debtor
A creditor filed a mechanic's lien against real estate owned by the debtor for work performed for a separate debtor. On an objection to claim, the court found the debtors did not have an agency relationship and the mechanic's lien was therefore invalid
A creditor filed a mechanic's lien against real estate owned by the debtor for work performed for a separate debtor. On an objection to claim, the court found the debtors did not have an agency relationship and the mechanic's lien was therefore invalid
While a state court fraud judgment in debtor's favor collaterally estops relitigation of the issue in the context of §§ 523 or 727, the court may consider whether the fraud was "actual" as required under § 523(a)(2)(A), as well as whether § 707 applies