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Judge Brian S. Kruse

Max Christian Kant & Ann Marie Kant, Ch. 7, BK20-40616-BSK (Nov. 28, 2022)

A creditor’s pre-petition state court action to rescind a warranty deed and to quiet title to real estate as against the debtors was pending when the Chapter 7 bankruptcy case was filed. The creditor filed a proof of claim, but did not object to dischargeability or discharge. The parties stipulated that the creditor’s claim would be estimated at zero for purposes of distribution to unsecured creditors, and the bankruptcy court ordered that the trustee should not pay that creditor’s claim.

Daniel J. Casamatta, Acting U.S. Trustee v. Karen Wright (In re Wright), Ch. 7, BK21-80939, A22-8011 (Sept. 7, 2022)

The court denied the pro se debtor a discharge under §§ 727(a)(2), (a)(3), (a)(4) and (a)(5), finding after a trial that the debtor misrepresented her true financial position in her schedules and statement of financial affairs. She amended these only after the U.S. Trustee investigated, found discrepancies, and filed a motion to dismiss for bad faith.

In re Fern E. Paziak, Ch. 7, BK22-80020-BSK (May 25, 2022)

The court denied a creditor’s motion for relief from stay to compel debtor’s specific performance of a pre-petition contract to sell her home. The court found the contract to be executory, as neither party had performed as of the petition date, and it was deemed rejected under § 365(d)(1). The creditor’s right to specific performance is a claim in the bankruptcy case, which can be reduced to money damages.

Scott Robert Paulsen v. Jeffrey S. Westerby (In re Westerby), Ch. 7, BK20-41661, A21-4010-BSK (Dec. 22, 2021)

After a trial, the court declined to except the debt at issue from discharge under § 523(a)(2)(A). The plaintiff consigned a boat and trailer for sale with the debtor’s business and turned over a signed title for the boat. The items sold four months later. When the plaintiff received a check from the debtor for less than he had anticipated, even accounting for the debtor’s sales commission, he learned that the debtor had reduced the sales price without authorization.

Larry Paulsen v. Greg J. Davis & Sara M. Davis (In re Davis), Ch. 7, BK20-40868-BSK, A20-4034-BSK (Aug. 13, 2021)

After an evidentiary hearing, the court denied a creditor’s complaint objecting to discharge and dischargeability. The debtors are the only two members in an LLC that once owned and operated golf equipment retailer with five locations in Nebraska and Iowa. The plaintiff and his business loaned money to the LLC because the plaintiff was close friends with the debtors’ family. Regular payments were made on the loan until the LLC’s cash-flow issues intensified.

Paul A. Rosberg, Ch. 13, BK21-80406-BSK (June 21, 2021)

The court dismissed the debtor’s fourth Chapter 13 case for cause and barred him from refiling for 180 days. In each of the cases, the debtor failed to timely file schedules, the statement of financial affairs, and a plan. His intent in filing bankruptcy is to delay or prevent his former wife from collecting a property equalization judgment awarded to her as part of the marital dissolution. This delay is prejudicial to creditors and is cause for dismissal under § 1307(c).

Claudia Josefina Newton Frausto & Eduardo Teodulo Torres, Ch. 7, BK20-81097-BSK (Apr. 29, 2021)

The court granted the trustee’s motion for turnover of a motor vehicle titled in the debtors’ names but allegedly owned by the debtor’s sister. While the debtors argued that the court should discern a resulting trust in favor of the sister because she paid for the vehicle, the court found that Nebraska statutory law is clear and unambiguous in not recognizing a resulting trust in a motor vehicle.

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