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
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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.
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
Debtor-in-possession's application to borrow money to pay certain farm expenses was granted. The evidence showed that adequate protection existed. Trial would be set on whether objecting party has a valid lien on the collateral for the post-petition loan
Court ruled against creditor in dischargeabililty proceeding, finding that creditor did not prove debtor's intent to deceive. Debtor-defendant did omit some debts from the financial statement submitted to creditor, but he had valid reasons for doing so
Court denied creditor's complaint of nondischargeability, finding no willful & malicious conversion where creditor permitted debtors' sale of collateral, & finding no false representation because the loan was renewed without relying on fin'l statements
Debtor moved to reopen case to add 2 unsecured creditors. One creditor had timely notice of bankruptcy petition, so her debt was discharged. Amending the schedules was unnecessary as to 2d creditor, as this was no-asset case & the cred. wasn't prejudiced
Court found for debtor in nondischargeability action under the false financial statement in writing exception and the willful & malicious conversion of property exception. The lender did not rely on a written statement in approving the loan at issue
Court ruled that bank acquiesced in debtor's sale of collateral & failure to apply all proceeds to bank debt; debt was dischargeable because there was no intent to hinder, delay or defraud creditor, nor was there a willful & malicious property conversion
Where creditor did not rely on debtor's financial statement to advance credit, the false financial statement in writing exception to discharge was inapplicable. Where creditor consented to debtor moving collateral out of state, there was no conversion