A default judgment against the debtor for the intentional torts of assault and battery was not dischargeable in Chapter 13 because it was a debt for personal injury damages awarded in a civil action for willful or malicious injuries caused by debtor.
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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.
The court granted relief from stay for cause because a delinquency existed on the promissory notes which would trigger the creditors' right to take action per their loan documents. The court expressed no opinion as to the sufficiency of said actions.
The court granted relief from stay for cause because a delinquency existed on the promissory notes which would trigger the creditors' right to take action per their loan documents. The court expressed no opinion as to the sufficiency of said actions.
Debtor's intentional misrepresentations on financial statements, including understating liabilities & overstating assets, and his unauthorized use of collateral to feed cattle rendered the debt non-dischargeable under § 523(a)(2)(A) & (B).
The plaintiffs, who held a claim against the bankruptcy estate for unpaid ERISA plan payments, filed this adversary proceeding against the IRS, which held an administrative expense claim for post-petition payroll taxes, to make the IRS establish that it actually held an administrative claim and, if it did, then to use equitable estoppel or equitable subordination to move the plaintiffs’ claim ahead of the IRS. The court denied the IRS’s motion to dismiss for failure to state a claim, saying “[w]hile the plaintiffs bear ‘a heavy burden’ in bringing forth sufficient facts to convince this court that the conduct of the IRS should lead to equitable subordination or equitable estoppel of its claim, the allegations in the complaint are sufficient ‘to raise a right to relief above a speculative level’ and survive a motion to dismiss on those causes of action. However, the existence of the IRS’s administrative claim is not open to challenge; the only matter to be decided in this case is how the available funds will be apportioned between these two claimants.”
The fees owed to the law firm that represented the debtor in his pre-petition divorce were excepted from discharge because of the debtor's false representations in agreeing – but failing – to endorse a check and turn the proceeds over to the law firm.
The court denied a motion to strike portions of affidavits submitted on a motion for summary judgment, ruling that although they contained irrelevant testimony, they provided background information and should be accorded a reduced weight.
The debtor's full-recourse "sale" of accounts receivable was actually a financing arrangement because the debtor bore the risk of uncollectibility. The creditor perfected its lien within the preference period, so the transfer was avoidable.
The bank's contractual rights to the flow of payments received by the debtor under a purchase agreement may have priority over certain set-off rights claimed by the buyer. The court granted relief to the bank to obtain a determination of those rights.
A default judgment against a builder for unpaid construction liens was not preclusive as to dischargeability under § 523(a)(4). A question existed whether Nebraska construction finance statutes create a trust, or merely an agency relationship.