Reported at 5 B.R. 346. Debtor brought this action under section 722 to redeem her car. The vehicle's value was disputed. The court ruled that the proper valuation date for redemption purposes is the date of the redemption proceeding, in most situations
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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.
Debtor was an inexperienced contractor who underbid a job he was unable to do. He intended to perform the work when he took plaintiff's payment for it, so the debt is dischargeable. However, the balance of a separate restitution order is nondischargeable
Debt to bank on two loans was held to be non-dischargeable because the debtor, intending to deceive the bank into making the loans, had submitted written financial statements containing materially misleading information, upon which the bank relied
Defendents' motion for reconsideration of order granting stay pending appeal was denied. The court disagreed with defs' suggestion that, becuase the funds in question didn't belong to the debtor, they should have been paid immediately to the defendants.
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
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