Court granted relief to bank holding a possessory interest in a certificate of indebtedness issued to the debtor. Debtor had borrowed the money from his mother & felt morally obligated to repay her, but as an unsecured debt it wouldn't support maintaining
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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.
On motion to compromise controversies between the debtors and a bank over objection of creditors' committee, the court determined that committee's interest in pursuing litigation against the bank outweighs the debtor's interest in rehabilitation
The prevailing party's attorneys' fees are not a taxable cost as part of a non-dischargeability action under section 523 when the debt at issue is a business debt rather than a consumer debt
Court denied motion to dismiss complaint regarding preferential transfers because the transfers made from third parties to the defendant may have been accounts receivables of the plaintiff debtor, which would render them property of the debtor
A storage company that sold the debtor's belongings to satisfy unpaid pre-petition storage charges did not violate the automatic stay because there was no evidence the company had actual knowledge of the bankruptcy case when it conducted the sale
Bankruptcy Act case regarding dischargeability under section 17(a)(2). The debtor obtained property deeds from the plaintiffs under false pretenses using false representations, so the court found the debt owed to the plaintiffs to be non-dischargeable
Court granted the defendant's motion to interplead additional parties who may have an interest in the money it held. However, the court deferred resolution of the question of whether the defendant was entitled to recover attorneys' fees for its efforts
Debt is non-dischargeable under 11 U.S.C. sec. 523(a)(2) for fraud/false pretense or representation. Plaintiff bought a vehicle from debtor & paid with a check. Debtor did not deliver the vehicle title & instead used the check proceeds to pay other debts
Reported at 12 B.R. 679. Ch. 13 plans can be confirmed when debtors make reasonable efforts to make reasonable payments to creditors, as determined on a case-by-case basis. Legitimate plans can be confirmed even though unsecured creditors receive nothing
This was a pre-Code case. Under the Bankruptcy Act, the six-month period for filing claims was an absolute bar date. In contrast to the Bankruptcy Code, the provisions of the Bankruptcy Act gave the court no discretion to allow late-filed claims