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
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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.
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
The court is not bound by state court's valuation of debtor's foreclosed property. It can assess the evidence of the real estate's value and come to its own conclusion. In addition, mortgage holder was undersecured & thus had an equitable lien on rents
Court ruled in favor of debtor-defendant on dischargeability. Debtor, a builder, did not make false representations regarding costs. Moreover, Nebraska statutes don't create an express trust or fiduciary relationship that would except the debt from discharge.
Debt to lender is non-dischargeable because debtor-defendant made a written representation of his financial condition to lender & obtained a loan. Debtor either knew the representation was incorrect or utterly disregarded its accuracy, which shows intent
This is an order to show cause as to why the parties should not be held in contempt of court for failing to obey a court order and prepare appropriately for the scheduled pretrial conference