After a trial, the court sustained the debtors’ objection to a claim because there was no underlying basis for the debt. The creditor argued it was on account of a breach of contract, but he had no separate judgment on that basis, nor did he plead it in the associated adversary complaint he filed.
The court overruled an objection to a claim of exemptions under Neb. Rev. Stat. § 25-1552(1).
The bankruptcy court denied a debtor’s objection to the claim of a creditor asserting an attorney’s lien in real estate awarded to her in divorce proceedings. The court ruled that, under Nebraska law, although an attorney does not have a general or possessory attorney’s lien against a client’s real estate, an attorney’s charging lien can attach to real estate that is the subject of and recovered in an action.
In a matter of first impression in this district, the bankruptcy court considered how to harmonize a federal agency’s Touhy regulations with the Federal Rules of Civil Procedure where documents are sought from an opposing litigant and not subpoenaed or requested from the federal agency.
In a matter of first impression in this district, the bankruptcy court considered how to harmonize a federal agency’s Touhy regulations with the Federal Rules of Civil Procedure where documents are sought from an opposing litigant and not subpoenaed or requested from the federal agency.
The bankruptcy court denied without prejudice the debtors’ objection to certain proofs of claim for medical services.
The bankruptcy court granted a preliminary injunction to the SBA to enjoin the debtors from spending the balance of a loan allegedly obtained by fraud.
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.
The court granted summary judgment to the plaintiff, finding a judgment debt excepted from discharge under § 523(a)(6) because the debtor willfully injured the plaintiff and acted with malice when he purposefully hit the plaintiff multiple times.
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.
