The owners of a warehouse used by debtor were permitted to intervene in lawsuit concerning distribution of sale proceeds of debtor's property because they claim the fair rental value of the warehouse post-petition for storage of the property pending sale
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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.
The debt at issue is non-dischargeable because debtor obtained the loan using false pretenses/false representations in order to use the proceeds from plaintiff to clear his financial difficulties with another creditor, contrary to what he told plaintiff
Plaintiffs brought action to recover funds paid to defendant. Funds were advanced to carry out a continuing agreement between plaintiff and defendant. Court held that no cause of action could arise under Nebraska law until the agreement was terminated
At issue was fee application filed by attorneys for trustee. Funds held by the trustee were insufficient to pay all administrative expenses. The court allowed a reduced amount of fees for trustee's counsel, based on results obtained through their efforts
The evidence didn't establish that the debtor "knowingly & fraudulently made a false oath or account" by not including any accounts receivable on his bankruptcy schedules. It's unclear why the information given to counsel did not appear in the schedules
The court entered default judgment against the debtor-defendant on plaintiff's motion at the time of trial because the debtor-defendant failed to file answers to interrogatories by the deadlines (original and extended) set by the court
Reported at 1 B.R. 446. Unearned insurance premiums should be returned to the company that financed the premiums. The premium financing company is essentially a lender and the right to unearned premiums was properly assigned to it by the debtor-insured
The rule for dischargeability of credit card debt is that the implied representation when credit is used that the debt will be repaid is sufficient for nondischargeability if debtor is shown to have had no intention of repayment when he used the credit
Creditor's motion for relief from the automatic stay was denied because the debtor had equity in the collateral (a truck), it was insured, and it was necessary to his farming operation. The creditor would not suffer prejudice by being denied stay relief
Debt at issue was dischargeable. The false financial statement in writing exception to discharge didn't apply where debtor failed to list mechanic's liens of which he was unaware; court held that debtor didn't intentionally falsely represent his finances