Court ruled against creditor in false pretense/false representations non-dischargeability action, because none of the evidence indicated that the debtor wrote any of the bad checks issued by his son's business or that he even was involved in the business
You are here
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.
Debt to lender was declared non-dischargeable because the debtor had knowingly provided a false financial statement -- listing assets not owned by the debtor -- to the lender, and the lender had relied on it in deciding to extend credit to the debtor
Debtor willfully & maliciously converted plaintiff's property to his own use when he obtained a deed from her via misrepresentations and then mortgaged the property. It was foreclosed upon. Court entered judgment in plaintiff's favor for the sale price
Upon conversion from Chatper X to straight bankruptcy, it was appropriate to grant debtor's counsel's request for fees and expenses. This was a complex bankruptcy case and debtor's counsel provided significant assistance to the trustee and his attorneys
Trustee sold eight oil and gas leases. In keeping with the fair & equitable doctrine of Chapter X, the administrative costs for each lease should be deducted from the gross proceeds of each lease before the balance is distributed per priority position
The court approved, over objection, application for interim compensation by counsel for the trustee, noting that these cases involve significant assets, some located outside the U.S., and complex claims, requiring much work by the trustee & his attorneys
Bankruptcy trustee sought court's guidance on whether to pursue litigation against the debtors' officers and directors. After reviewing the potential causes of action, the court advised against it based on issues of standing and a likely minimal recovery
If the debtor prevails in this lawsuit, the City of Lincoln may be jointly liable with the City-County Employees Credit Union. The city is not a necessary party for complete relief to be accorded, but may be joined as a party by the credit union
Court denied mortgage-holders' request for relief from stay because there was no evidence the mortgages on this asset were in default or that any of the mortgagees had been harmed. The debtor had also recently filed a Chap. 11 plan to deal with the debts
Reported at 4 B.R. 655. The opinion establishes the requirements for creditor election of a trustee under section 702 and it sets out a formula by which to calculate the proper amount of unsecured and undersecured claims necessary for such an election