A $50,000 loan from the plaintiff is a non-dischargeable debt under 11 U.S.C. section 523(a)(2) because the debtor misrepresented the collateral available to the plaintiff, and the plaintiff relied on that false representation when making the loan
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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.
Other than the disputed debt of the petitioning creditor in this involuntary bankruptcy case, the evidence showed that the debtor was generally meeting his obligations to creditors, so the case was dismissed because it didn't meet section 303(h)(1)
Order affirmed bankruptcy court decision that debtor & his non-debtor wife jointly owned their farm assets, although bank handled loans solely with husband. Question remained as to whether wife ratified husband's pledge of her share of the property
Reported at 25 B.R. 271. Relief from stay differs from a dismissal motion, so a ruling on one need not deprive the court of jurisdiction to hear the other. Here, the question of whether debtor could effectively reorganize was beyond the scope of stay reli
Reported at 25 B.R. 274. Repayment of debtor's student loan would cause an undue hardship for her under section 523(a)(8)(B) because the employment for which she trained provides her with a very low level of income. The debt is dischargeable
Reported at 25 B.R. 276. The language in each of the credit documents & security agreements executed by the debtors as they purchased household goods over the years indicates that the seller retained a purchase-money security interest in each item.
Court granted lender's motion for relief from stay because lender wasn't adequately protected & because the land wasn't necessary to an effective reorganization, as debtors had no more than a hope of being able to make money from the farming operation
Reported at 23 B.R. 130. Debtors purchased household items on a revolving charge account. The seller retained a purchase-money security interest in each item until it was paid for, so the debtors could not avoid the seller's lien under section 522
Debtor alleged emotional distress when Texas company refused to move her belongings to Neb. until she paid storage & transit charges and paid off a purchase-money lien on the goods. Court said Neb. law applied, then dismissed for failure to state a claim
Reported at 22 B.R. 934. The Chapter 7 trustee knowingly abandoned scheduled property of the estate. The abandonment was thereafter irrevocable, despite the fact that the property turned out to be more valuable than the trustee had anticipated