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
You are here
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 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
The bankruptcy court denied cross-motions for summary judgement in this involuntary bankruptcy case because it was clear after a hearing on the motions that factual issues exist concerning one of the alleged debtor's loans.
Debtor's transfer of homestead to non-debtor wife for no consideration on the eve of bankruptcy was not a fraudulent conveyance; there was no evidence that debtor was or became insolvent. Rather, evidence indicated transfer was due to marital problems
An objection to discharge filed on the date set as the last day for doing so is timely filed
The debtor-defendant's motion to dismiss the adversary proceeding was denied because the creditor's complaint objecting to discharge was timely filed; the Bankruptcy Act does not require that a defendant receive a summons on or before the filing deadline