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.
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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.
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
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
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