In a copyright infringement action, the court denied the debtor-defendant's motion to dismiss because it appeared that the plaintiff may be able to prove that he is entitled to relief, whether under the pre-1978 copyright laws or the new 1978 version
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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.
Chapter 11 debtor filed adversary proceeding against MUD, asking court to set a reasonable amount for a utility deposit under section 366. Because of debtor's prior good payment record & MUD's ability to monitor the account, the court set deposit at $400
District court opinion remanding case for further fact findings, because the facts stated in the bankruptcy court's 12/13/78 decision -- that debtor knew when he wrote a check to plaintiff that it couldn't be paid -- did not support non-dischargeability
Debtors' request to reaffirm a $7,600 debt secured by a sailboat and trailer was denied. The court found that a monthly payment of $326.76 to the bank from debtors' monthly income of $800 would constitute a hardship & would not be in their best interest
Court ruled in debtor's favor regarding dischargeability. Debtor was a builder who didn't pay his subcontractors & materialmen, resulting in liens on plaintiff's property. Debtor was not a fiduciary, no trust was created, and no false pretenses existed
Trustee's motion to set aside compromise agreement was unsuccessful, but was necessary to protect unsecured creditors' interests. For that reason, prevailing secured creditors' request for award of attorneys' fees & costs was denied. (Page 2 is missing)
Court ruled in debtor's favor in adversary proceeding seeking discharge exception for a false financial statement in writing. The court ruled that lender failed to prove the financial statements upon which it relied were inaccurate. (4th page is missing)
Creditor's objection to discharge was denied because court found no evidence of willful and fraudulent intent or efforts to hinder, delay or defraud creditors; the mistakes in and information omitted from the debtors' schedules appeared to be inadvertent
After involuntary petition was dismissed, alleged debtor moved for reimbursement of costs & attorney fees. The court granted the motion for fees which were directly related to defending against the petition, but not for peripheral business planning.
The court found a debt nondischargeable under "willful & malicious conversion of property" exception when debtor as buyer obtained a first mortgage on airplane in an amount $11,000 more than he had agreed with seller, who became undersecured as a result