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creditor's bank account should have been debited (& amount owed by debtor increased) when an improper deposit was withdrawn & turned over to debtor.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
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Opinions
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U.S. Bankruptcy Court District of Nebraska Local Search
The U.S. Bankruptcy Court for the District of Nebraska offers a database of its opinions for the years 1978 to current, listed by year and judge. For a more detailed search, enter the keyword or case number in the “Search opinions” box above.
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
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
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