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Judge Thomas L. Saladino

JN Medical Corp., Ch. 11, BK17-80174

A deficiency remained after a deed of trust sale, so the creditor sought to pursue that debt in bankruptcy court. The court ruled that the creditor lacked standing because it had not obtained a deficiency judgment under Nebraska law and therefore was barred from bringing "an action" to recover the balance due. However, the creditor is likely entitled to pursue its non-judicial remedies under the UCC, and the bankruptcy court would go forward with a trial on the creditor's motion for relief from stay to do so.

Thomas Pinkelman v. Stacey L. Renner (In re Renner), Ch. 7, BK17-40464, A17-4040 (Apr. 2, 2018)

After a trial on a complaint by a creditor alleging non-dischargeability of a debt under 11 U.S.C. § 523(a)(4) arising from the financial problems of an LLC in which the creditor and the debtor were members, the court ruled in the debtor's favor. There was no evidence of a technical or express trust as required by § 523(a)(4), nor did the evidence show that the debtor acted in bad faith or with the intent to cause the creditor harm.

Mark William Peters v. Libert Land Holdings 16, LLC (In re Peters), Ch. 13, BK18-81151, A18-8327 (Apr. 23, 2019)

The bankruptcy court granted summary judgment to the purchaser of the debtor's residence at a tax sale. The debtor claimed the treasurer's deed was a fraudulent transfer because the purchaser paid less than reasonably equivalent value to acquire the property, but the price paid at a forced sale is considered to be reasonably equivalent value as long as all of the state legal requirements are met. The debtor did not argue or produce evidence showing that the tax sale did not meet legal requirements.

Adrian Lee Quevedo & Marcela Ann Quevedo, Ch. 7, BK17-40970 (Oct. 20, 2017)

The debtor's employment was terminated shortly before the Chapter 7 petition was filed. Her 401(k) plan was liquidated and the proceeds were deposited in her bank account on the eve of bankruptcy. She spent most of the funds prior to the § 341 meeting. She thereafter amended her bankruptcy schedules to claim the proceeds as exempt because they came from her retirement account. The trustee objected. The court ruled the objection moot, because the money was no longer in the debtor's account and the trustee would have no way of recovering it.

Bank of Doniphan v. David W. Worrell (In re Worrell), Ch. 7, BK18-41593, A19-4006 (Dec. 5, 2019)

The court granted summary judgment to a creditor and denied the discharge of a debtor who omitted several assets from his schedules and failed to list certain transfers of his interest in assets on his statement of financial affairs. The court found that these omissions were too numerous to be simple oversights; rather, they showed, at a minimum, reckless indifference to the truth, which evidences fraudulent intent concerning false statements under oath that relate materially to the bankruptcy case and warrant a denial of discharge under § 727(a)(4)(A).

Richard D. Myers, Chap. 7 Trustee v. Brian Witt (In re Charles Leonard & Margaret Leonard), Ch. 7, BK15-82016, A17-8019 (Sept. 26, 2018)

The court denied summary judgment in a preference action after determining that the affirmative defenses of contemporaneous exchange for new value, transfers in the ordinary course of business, and new value require factual findings as to the parties' intent.

JN Medical Corp. v. Auro Vaccines, LLC (In re JN Medical Corp.), Ch. 11, BK17-80174, A17-8016 (Apr. 6, 2018)

The court refers the adversary proceeding to federal district court because the complaint alleges state-law non-core claims over which the bankruptcy court does not have authority to enter a final judgment and because the defendant has requested a jury trial, which will not occur in bankruptcy court.

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