On appeal of bankruptcy court's 6/30/80 order denying motion to reconsider stayed enforcement of a judgement, the magistrate judge recommended affirmance of the order because, contrary to def's argument, the bankruptcy court had jurisdiction to enter a stay
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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 dismiss complaint for untimely filing, the controlling date is the date the complaint was originally filed, even if it wasn't accompanied by the appropriate filing fee, so the complaint was timely filed despite having been returned by clerk
Debt owed to debtor's business supplier was dischargeable, as debtor's intent at the time he ordered tools & equipment from the supplier was to continue in business. If debtor made a representation about payment, it created at most a breach of contract
Court ruled that denial of discharge was unwarranted because debtor's failure to maintain books and records was adequately explained by debtor's desire to deal on a "cash only" basis so judgment creditors couldn't execute against his bank account
A debtor insurance agent who failed to collect and remit policy premiums may have breached his contractual obligations to the insurance company, but he did not violate any fiduciary duties between the parties. Accordingly, the debt is may be discharged
Merle Nicola, Trustee v. Carpenters, Inc. (In re Cagle, Inc.), BK77-O-1009, Civ. 80-O-112 03/17/1981
District court affirmed the bankruptcy court's decision to exclude from evidence at the trial on plaintiff's claim the debtor's general ledger and other accounting records because the plaintiff was unable to lay sufficient foundation for the records
A Chapter 11 trustee was appointed to operate the business. The court subsequently granted trustee's motion to remove company's president, as there were concerns over use of assets as well as a lack of "united objectives" in dealing with third parties
District court opinion overruling the BK court opinion reported at 5 B.R. 752. According to the Eighth Circuit decision of Tenney v. Terry, 630 F.2d 634 (8th Cir. 1980), zero-payment Chapter 13 plans are not proposed in good faith & cannot be confirmed
Relief from the stay was granted to a secured creditor because the debtor trucking company could not adequately protect the creditor's collateral. Assets continued to depreciate while the debtor was unlikely to operate in the near future
The court approved fee application for attorney fees of creditors who filed an involuntary petition against the debtor. The court overruled the debtor's objection, noting that the fees would have been lower had the debtor not resisted the petition