Debtor reopened case to set aside default non-dischargeability judgments against him. The court held that the defaults could not be set aside where debtor reaffirmed the debts in writing & a state court issued a judgment in reliance on the default jmts
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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.
Bankruptcy court denies creditor's motion for leave to file a second amended involuntary petition, holding the new allegations impermissible as not related to the original petition and the motion was made too near in time to the pretrial conference
Debtors can't claim homestead exemption for home abandoned prior to bankruptcy filing. Each debtor may claim exemptions under Neb. Rev. Stat. secs. 25-1552 & 25-1556. Debtors' car can't be exempted as either a "tool" or an "immediate personal possession"
Court refused to set aside compromise agreement between DIP & lenders in which debtors agreed to pay 50% of banks' claims and give up ability to challenge banks' liens. The terms of the agreement were fully disclosed & unsecured creditors did not object
The complaint in this adversary proceeding was dismissed when the plaintiff failed to appear for trial. However, the court retained jurisdiction over the debtor-defendant's counterclaim
Court found no exception to discharge for breach of fiduciary duty where the debtor sold loan collateral with creditor's permission but thereafter failed to pay the creditor; the parties' relationship was simply as debtor & creditor, not as fiduciaries
On appeal, the district court affirmed the bankruptcy court's holding that, under the facts of the case, the infusion of funds by these creditors to the debtor corporation did not constitute bona fide loans but, rather, were contributions of capital.
Creditor suppliers filed an involuntary bankruptcy petition against the debtor. Of the several grounds alleged, the only one with merit concerned the debtor's transfer of real estate, which the court found was done with intent to hinder creditors
Order authorizes bankruptcy trustee to sell debtor's interest in Oklahoma oil and gas leases free and clear of liens and encumbrances. Those liens and encumbrances shall attach to the sale proceeds and their priority and validity will be determined later
The court enjoined termination of the lease for Chapter XI debtor's business premises because debtor was making post-petition rental payments and because lessor's financial problems were not solely the result of the debtor's pre-petition delinquency.