The court upheld a witness's motion to quash a subpoena duces tecum. The witness was correct that Rule 2004 required him to be served with a subpoena, instead of a court order, with time to object, before he needed to produce the requested documents.
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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 debtors' airplane was collateral for a bank loan. The bank had possession of the plane. Debtors did not insure it or make payments on it. Because the debtors were unable to provide adequate protection, the bank was entitled to relief from the stay.
Post-divorce debt incurred by the debtor on a jointly owned credit card account was non-dischargeable because it was subject to the hold-harmless clause of the parties' decree and as such was a domestic support obligation under § 523(a)(15).
Debtor's failure to comply with an adequate protection agreement and an inability to cure the default in a short time were cause for relief from the stay. To protect the debtor's business, however, the creditor was not allowed to engage in self-help.
On a creditor's motion to dismiss the case because it had not authorized the filing, the court found a state court order in aid of execution did not give the creditor an ownership interest in the debtor, so the creditor's authorization was unnecessary.
Relief from the stay was granted so the parties could take action in state court to address issues regarding conflicts of interest in connection with a trust in which the debtors were beneficiaries and the president of their lender was the trustee.
The debtor's obligation, as part of the parties' legal separation decree, to pay the home mortgage for the residence in which his wife lives was non-dischargeable. In light of the parties' disparity in income, the debt was in the nature of support.
The debtor's failure to make mortgage payments on the house his wife lives in entitled the mortgage holder to relief from the stay. It also entitled his wife to pursue sanctions in state court for his failure to uphold his domestic support obligation.
The court granted the defendant's bill of costs. The defendant was the prevailing party in the underlying litigation and requested a reasonable amount for the cost of deposition transcripts, which was a taxable cost authorized by statute.
The court granted the U.S. Trustee's § 707(b)(3) motion to dismiss because debtors' vehicle & mortgage payments appear to be excessive. They have the ability to make payments to unsecured creditors, so allowing them to remain in Chapter 7 is an abuse.