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
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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.
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
Plaintiff's non-dischargeability action was barred because, although she had timely filed a negligence lawsuit against the debtor in state court, summons was not properly served on the debtor and the statute of limitations expired in the meantime
The court found in plaintiff's favor that his claim against the debtor-defendant arising from a motor vehicle accident was non-dischargeable because the debt wasn't "provable" under the terms of the Bankruptcy Act. Only "provable" debts may be discharged
Court granted extension of time for creditor's lawyer to file a complaint to determine dischargeability of certain debts, finding excusable neglect under Rule 906 where creditor's attorney was away from work for one month and fell behind on his workload
There is no accountant-client privilege under Nebraska law, so the court overruled the debtors' objection to having their financial records produced and turned over by their accounting firm to the bankruptcy trustee and a lender's auditing firm
District court affirmed bankruptcy court ruling denying motion of debtor's officers & shareholders to take Rule 205 examination of banks. Trustee is the proper party to conduct examinations & determine whether causes of action exist for estate's benefit
In a case filed under Chapter XI of the Bankruptcy Act, the district court affirmed the bankruptcy court’s finding of contempt against a party who violated the court-ordered stay against bringing a lawsuit against the debtor by seeking a determination of the title or right to possession of funds held by the bankruptcy court. The bankruptcy court’s finding that it had jurisdiction over the funds was not appealed and therefore was binding and not subject to collateral attack at the appellate stage.
Executory lease contract is deemed rejected when trustee does not assume it within 60 days; as a result, lease provisions prohibiting liquidation sales of inventory are not binding on trustee. However, trustee must pay reasonable value for his occupancy