Although the complaint appeared to be brought under § 727 and § 523, it contained no § 727 allegations, & entry of discharge prior to trial was res judicata. Moreover, the evidence at trial did not establish the elements of § 727(a)(2) or § 523(a)(2)(A).
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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 debtor's lease of real property required him to pay "special assessments," including levies for road construction and water treatment. The court deferred debtor's proposed assumption of the lease because the benefit to the estate was unclear.
The bank's assignment of rents gives it the right to the rents, which are deemed to be cash collateral. The debtor may not use cash collateral without permission, but such use doesn't entitle the bank to relief because the bank is adequately protected.
The debtors incurred post-petition capital gains taxes when they sold livestock and equipment used in their farming operation. The court, relying on the precedent of Schilke and Knudsen, ruled they were unsecured claims not entitled to priority.
The court ruled that post-petition capital gains taxes arising from the sale of farm assets used in debtor's farming operation were the type of taxes subject to treatment under 11 U.S.C. § 1222(a)(2)(A) as unsecured claims not entitled to priority.
Under Nebraska law, possession of a vehicle & the documents of its sale constitute ownership. Here, the lien notation on the title was a preference, despite the lienholder's argument that the debtor didn't obtain ownership until the title was issued.
Because the debtors had no equity in property they proposed to sell, and it wasn't necessary for an effective reorganization, and its sale would not benefit the estate, the court denied the motion to sell and granted lienholders relief to foreclose.
Under the terms of a settlement agreement, a creditor was entitled to one-half of the "distributable proceeds" from another lawsuit, which were the net proceeds available after payment of fees, litigation expenses, and administrative expenses.
While the Nebraska exemption statutes are to be construed liberally, they are not to be stretched beyond recognition. A disabled, unemployed debtor who does not use a vehicle to commute to work cannot claim a tool of the trade exemption in the vehicle.
The court denied the debtor's motion to reopen his Chapter 7 case to add a creditor and discharge the debt. The debtor's assets had been liquidated and distributed, and it was too late for the creditor to file a non-dischargeability proceeding.