For purposes of 11 U.S.C. section 547, a transfer consisting of a mortgage occurs when the mortgage is recorded. Therefore, debtor's mortgage to his mother, recorded a few weeks pre-petition and more than two years after it was given, was a preference
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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 car dealer purchased a car from another dealer, who then paid off the floor plan financing & obtained a lien release. However, debtor's check didn't clear. As between seller & debtor's lender regarding rights to the sale proceeds, seller loses
J.L. Brandeis & Sons, Inc., as a stakeholder in this interpleader action, was denied its request for attorney fees because Brandeis's delay in depositing disputed funds with the bankruptcy court created unnecessary litigation
Debtor, a common carrier, was held liable to plaintiff for $93,000 worth of boxed beef which the debtor had been hired to, but did not, deliver to a customer in Rhode Island
A debt to law firm for pre-petition legal representation was dischargeable, as the firm did not establish under section 523(a)(2) that when debtor told the firm she would pay or reaffirm the debt, she actually intended not to do so
The court approved settlement over creditors' committee's objection, finding the compromise to be commercially reasonable under the circumstances, particularly because debtor's management had made significant progress toward rehabilitation
Reported at 18 B.R. 129. Debtors may exempt a tax refund not disclosed in their original schedules because the late schedule amendment didn't interfere with estate administration & because exemptions should benefit debtors to the fullest extent
Reported at 18 B.R. 115. The debtor's business operation was solely in Ohio, while its corporate office was in Nebraska. Under the circumstances, the court found the debtor's "principal place of business" – and therefore the proper venue – to be in Ohio
The cash appearance bond which the debtor filed with the county district court was considered exempt personal property under Neb. Rev. Stat. section 25-1552, so the debtor could avoid plaintiff's garnishment lien on the bond pursuant to section 522(f)(1)
Under the Bankruptcy Act, the creditors' committee had no standing to bring lawsuits to recover fraudulent transfers and preferences. If the debtor-in-possession refused to do so, the committee's only remedy was to ask for appointment of a receiver