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
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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.
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
This is the district court order adopting the magistrate judge's recommendations & affirming the June 30, 1980, order of the bankruptcy court which denied defendants' motion to reconsider an order staying the enforcement of a previously entered judgment
Reported at 10 B.R. 469. Under the Copyright Act, the debtor's authorized use of the plaintiff's drawing of a skunk caused it to enter the public domain and led to forfeiture of the plaintiff's copyright. Debtor therefore was able to copyright the drawing
This is the district court order adopting the magistrate judge's recommendations & affirming the June 30, 1980, order of the bankruptcy court which denied defendant's motion to reconsider an order staying the enforcement of a previously entered judgement.
The court denied ASARCO's motion for protective order, ruling that discovery would not be unduly burdensome for ASARCO and holding that discovery is necessary to help preserve records and evidence that might otherwise be lost through the passage of time
Reported at 10 B.R. 626. The priorities under 11 U.S.C. sec. 507(a) for employee wage and benefit claims should be construed to enforce the stated legislative intent of giving "comprehensive priority treatment to all forms of employee compensation"
Debtor's former wife took steps to obtain property of the estate for her own benefit, which the court viewed as a "flagrant" interference with the bankruptcy process and the authority of the court and which may warrant the imposition of sanctions
Bankruptcy court is not the place to attempt to modify a divorce decree and property settlement. The order clarifies previous fact findings that debtor's ex-wife has no property interest in crops and her interest in real estate is adequately protected