Debtor's biodiesel production facility was inoperable and had not been placed in service, used in a trade or business, or used to produce income, so it was not "depreciable tangible personal property" under Nebraska law and was exempt from taxation.
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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.
Although the complaint lacked facts to support its allegations of fraudulent transfers, it was not dismissed because the defendants' obstinance in responding to discovery would render moot any attempt to amend the complaint with more detail.
Because the separated debtor still owned the house in joint tenancy, he could claim a homestead exemption. The amount of equity was less than the value of the exemption, so there was nothing for the creditor's lien to attach to and it should be avoided.
Debtor sold hay for the plaintiffs but used the proceeds for his own expenses instead of paying them to the owner. Questions of fact as to whether the debtor made false representations or intended to deceive the plaintiffs precluded summary judgment.
Because the parties' franchise agreements were the very core of debtor's business, it was in the best interest of the debtor and the estate to permit the debtor to evaluate the assumption or rejection of the agreements during the exclusivity period.
The court ordered debtor to use a previously authorized amount of cash collateral to pay franchise and license fees as adequate protection for the use of the franchiser's name pending the debtor's decision to assume or reject the franchise agreement.
Upon the approval of the debtor's use of cash collateral, the debtor could pay post-petition rent and other lease charges and cure its post-petition rent delinquency.
The court denied summary judgment on a § 523(a)(2)(B) complaint because of fact questions. The valuation of assets listed on the debtor's financial statements, and the bank's reliance on those valuations, would need to be explored at trial.
In the parties' divorce, each spouse was ordered to pay a portion of a marital debt. The debtor's share of that debt was excepted from discharge in bankruptcy by § 523(a)(15) because she was obligated to indemnify her former spouse for half of the debt.
The court denied summary judgment to the U.S. Department of Education in this student loan dischargeability case, finding that genuine issues of material fact existed as to the actual monthly expenses of the debtor and her dependents, and as to the debtor’s reasonable future financial resources in light of her history of low-paying employment outside of her field of study.