The court ruled that the debtor had no standing to move to strike pleadings in an adversary case in which he was an intervenor. The allegations of the complaint were not directed at the debtor, nor was any affirmative relief requested with regard to him.
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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 bank's lien couldn't be avoided because its continued possession of the security documents with the vehicle's certificate of origin – necessary to obtain a certificate of title – perfected its lien from and after the date of the vehicle purchase.
The court granted the U.S. Trustee's 11 U.S.C. § 707(b)(3) motion to dismiss for abuse because the court determined that the debtor's mortgage obligations were consumer debts which required her to file under Chapter 13 and submit to means testing.
The debtor filed this adversary proceeding to collect on account for services provided. The defendant demanded a jury trial and did not consent to the bankruptcy court’s jurisdiction. The lawsuit was a simple action to recover money owed to the debtor, so the defendant was entitled to a jury trial, and the lawsuit was filed in the bankruptcy court only because the plaintiff was a debtor in bankruptcy. Because the defendant had not subjected itself to the equitable jurisdiction of the bankruptcy court by filing a claim, the bankruptcy court recommended to the district court that it withdraw the reference of the case for all further proceedings.
Neighbors who hired a contractor to repair a retaining wall on debtor's property did not have standing to claim a statutory construction lien because they didn't actually furnish any services or materials. They may have a claim for reimbursement.
The court overruled a plan objection by the debtor's former spouse on the basis that the debts at issue were not priority domestic support obligations. Rather, they were in the nature of property settlement as an allocation of marital debt and assets.
The debtor was allowed to assume several executory contracts for the purchase of grain in order to benefit the estate by assigning the contracts to buyers of the grain. The debtor's surrender of its grain dealer's license did not void the contracts.
Reported at 393 B.R. 222. The debtor, as trustee of an express trust, was found to have failed to turn over trust assets upon request. Under Eighth Circuit bankruptcy law, that constituted a defalcation of her fiduciary duty and was non-dischargeable.
The court denied debtor's motion for an extension of its exclusive period to file a plan & disclosure statement because debtor hadn't shown "cause" Ongoing litigation and approval of the sale of assets would take longer than the requested extension.
The Chapter 7 trustee was immune from suit for selling the debtor's personal property pursuant to court order. The dispute between the debtor's landlord and the secured creditor over the distribution of the sale proceeds could proceed in state court.