The debtors borrowed money from plaintiff bank to purchase a car. The wife then obtained another loan using the car as collateral and delivered the car title to the second creditor. Court held that wife willfully and maliciously converted bank's property
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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.
Court found for debtor-defendant regarding dischargeability. The court held that the debtor did not use false financial statements to obtain loans, nor did she willfully and maliciously convert the collateral (a car) by not obtaining title in her name
Trustee's counsel, who represented a creditor in a pre-petition debt workout with the debtor, has a potential conflict of interest concerning litigation between the trustee and that creditor, but may represent the trustee in unrelated matters in the case
Debt was excepted from discharge because the debtor falsely represented his financial situation when he obtained the loan & either did not intend to repay it or recklessly disregarded his inability to do so. Repayment is implicit in a credit transaction
Creditor was permitted to amend non-dischargeability complaint after deadline for doing so had passed, but only to state its legal theories with more specificity. Creditor was not allowed to make new factual allegations that it could have raised earlier
The bankruptcy court confirmed the sale of a piece of the debtor's equipment and ordered that part of the proceeds be paid to a creditor holding a security interest in the asset, with the balance of the proceeds to be placed into escrow
Court denied creditors' request to reopen the bankruptcy case to file a late non-dischargeability complaint. The creditors' expectation that the trustee would pursue the complaint was unreasonable and may constitute neglect, but not "excusable" neglect
The court allowed the debtor to dismiss his case because his only debt was a potential debt arising from a car accident, and no lawsuit regarding the accident had yet been filed. Therefore, the debt was not provable and there was nothing to be discharged
A personal injury lawsuit that was pending against the debtor on the petition date falls under the Bankruptcy Act's definition of a "provable debt" and is therefore dischargeable
Debtor's Chapter XI was unsuccessful, so the company liquidated and the trustee had $94,000 available for administrative expenses. The court weighed the benefit to the estate provided by each claimant in deciding how much in fees and expenses to allow