The court denied the debtor's motion for summary judgment on the issue of avoiding the lender's liens on the debtor's vehicles because there were factual questions as to why the liens had not been perfected and which party was responsible for that.
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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.
Trial was held on debtor's objection to landlord's claim. Court made factual findings that the parties were in fact landlord and tenant, rather than vendor-vendee. Court also found that the landlord was not entitled to a claim for a new heating system.
At the creditors' committee request, the court vacated its order granting the debtor's motion to convert from Chapter 11 to Chapter 7 because the court failed to allow sufficient time for notice to interested parties and an opportunity to be heard.
Fluctuations in income are simply a fact of life for those paid on a commission basis. Absent a dramatic increase in current monthly income due to the commission, it is not a special circumstance that would rebut the presumed abuse under § 707(b)(2).
The court denied the creditor's motion to dismiss the Chapter 7 case because the movant could not establish § 109(g)'s threshold element of ineligibility. Also, the case was nearly to the point of liquidation, which would better serve the creditors.
Unless the debtors obtain relief from the trustee or the court, their tax return must be on file with the IRS and delivered to the trustee prior to the first meeting of creditors. Failure to comply will result in dismissal or conversion of their case.
Use of the term "general intangibles" in the parties' security agreements & UCC financing statements was sufficient under Nebraska UCC to create & perfect creditor's lien on debtor's patent. A specific description of the patent was not necessary.
U.S. Trustee's motion to dismiss under § 707(b)(3) is granted because debtor appears able to make substantial payments to creditors through a Chapter 13 plan. Debtor's annual bonus should be included in income because he has received it each year.
Debtor's pre-petition state court conviction for issuing bad checks satisfied the elements of § 523(a)(2)(A) regarding non-dischargeability for fraud. He was collaterally estopped from contesting his liability on the checks in this court.
The court granted an objection to the claim of the debtor's former spouse. That claim, for amounts the former spouse may have to pay on marital obligations assigned to debtor as part of a property settlement, was unsecured, unmatured, and contingent.