The court denied the U.S. Trustee's motion to dismiss for abuse, holding that the debtor may take a means test deduction for her mortgage despite her intention to surrender the property. Moreover, the circumstances do not indicate abuse of Chapter 7.
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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.
A post-petition collection action on a credit card debt was filed against the non-debtor spouse. Default judgment was entered and garnishment proceedings were instituted. Such actions violate the automatic co-debtor stay and are sanctionable.
In entering default judgment in favor of the debtors, the court voided certain construction liens held by the defendants and imposed monetary sanctions pursuant to § 362(k)(1) on the defendants for their willful violation of the automatic stay.
The court denied summary judgment on a § 523(a)(2)(A) matter, finding that the statute does not require the false representation to be made by the debtor directly to the creditor. It may be sufficient if the false representation is made via an agent.
A state court judgment on a lease guarantee was dischargeable in bankruptcy because the financial statement submitted by the guarantor was not materially false or reasonably relied upon by the creditor, so the elements of § 523(a)(2)(B) were not met.
About six months after filing the case, the debtor was granted an extension of the exclusivity period for filing a Chapter 11 plan and disclosure statement after showing cause for a decline in revenue and a recent improvement in revenue and operations.
After taking evidence at trial, the court granted the Chapter 13 debtor's motion for a hardship discharge under § 1328(b) of debt other than student loans and child support obligations.
The court granted in part the debtor's requests for discovery in connection with his motion to remove the Chapter 7 trustee. The trustee was directed to produce what he reasonably could, but needn't concern himself with superfluous requests.
Debtor, anticipating a distribution from the estate of her deceased father, moved to dismiss her bankruptcy case to pay creditors independently. The court denied debtor's motion to avoid prejudicial delay of payment or a reordering of priorities.
There was no evidence of the debtor's intent to defraud the plaintiff, so the complaint under § 523(a)(2)(A) & (a)(4) and § 727(a)(2)(A) was denied. Absent evidence of fraud, debts arising from contract breaches generally are dischargeable.