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
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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 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
Supplemental order disallowing an additional claim objected to by the trustee.
Debtors' real property was sold at tax sale but the sale was not confirmed pre-petition. County sought relief from stay to confirm sale and transfer the property to a buyer. Motion was denied because debtors propose to use the property to reorganize