Bankruptcy court refused to grant relief from the automatic stay to permit creditors to proceed with litigation against debtor's officers concerning copper contracts. The court did so because the other lawsuit could adversely affect the bankruptcy case
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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.
In federal district court case in which union representing debtor's employees was attempting to recover under Neb. Wage Payment & Collection Act, any amount assessed for the school fund would probably be non-dischargeable under 11 U.S.C. sec. 523(a)(7)
Debtor didn't participate in the trial to determine dischargeability under sec. 523(a)(6). The evidence was undisputed that debtor participated in an intentional assault on the plaintiffs. They were awarded a non-dischargeable judgment for their damages
Debtor reopened case to enforce settlement agreement. Parties disputed whether creditor's bank account should have been debited (& amount owed by debtor increased) when an improper deposit was withdrawn & turned over to debtor. Court ruled against debtor
Court denied trustee's attempt to reject a real estate installment sales contract. Although the escrow agent held the deed on the petition date, the parties later completed the sale and the deed was given to the buyers. It was not an executory contract
Plaintiff objected to its designation in the debtor's schedules as an unsecured creditor. The court agreed, granting the objection; plaintiff's state court judgment and order of attachment on the debtor's real estate rendered it a secured creditor
Benkelman Co-op. Equity Exchange v. Philip Eugene Koerperich (In re Koerperich), BK80-317 09/08/1980
Reported at 5 B.R. 752. Zero-payment Ch. 13 plan doesn't violate good-faith requirement of Sec. 1328(a), even when used to discharge debts which are non-dischargeable in Ch. 7. Although this was a Bankruptcy Act case, court evaluated plan under '78 Code
District court affirmed bankruptcy court's order of Dec. 27, 1979, holding non-dischargeable a debt for willful & malicious conversion of property where the debtor as buyer, through creative financing, deprived seller of a security interest worth $11,000
Court allowed debtor to assign his real estate purchase contract to a third party in his reorganization plan, over the sellers' objection. In addition, the sellers waived their right to declare default & accelerate balance due by accepting a late payment
District court opinion affirming bankruptcy court opinion of 12/28/79, discharging debt because bank had not proven by clear & convincing evidence that the debtor used a materially false written statement regarding his financial condition to obtain loans