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Judge Thomas L. Saladino

Scott Ryan Longnecker & Heather Renee Longnecker, Ch. 7, BK19-80120 (June 26, 2019)

The court granted the Chapter 7 trustee's objection to exemptions concerning the debtor's shares of his employer's stock incentive plan. The "retention shares" were part of his earnings, but they were not subject to garnishment and cannot be exempted under Neb. Rev. Stat. § 25-1558(1). The debtor owns the shares, subject to forfeiture if certain conditions are not met, and enjoys all the rights and benefits of ownership, so they are no longer wages and are simply personal property which is not under any special protection.

Ron Ross, Chap. 11 Trustee v. Robert L. Rynard, Jr. (In re Skyline Manor, Inc.), Ch. 11, BK14-80934, A17-8008 (Apr. 14, 2017)

The bankruptcy court recommends to the district court that it withdraw the reference of this adversary proceeding. The bankruptcy trustee seeks to recover fraudulent transfers from the corporate transferee's principal through alter ego and veil-piercing theories. The defendant is entitled to a jury trial on these state-law non-bankruptcy claims, so the district court is the appropriate place for the case.

W. Terminal Transp., L.L.C. v. Great W. Enter., Inc. (In re Happy Jack's Petroleum, Inc.), Ch. 7, BK16-41395, A17-4046 (Mar. 8, 2018)

This adversary complaint was filed to object to the amount, validity, and extent of a secured claim held by an assignee of the original lender. On summary judgment, the plaintiff argued that one of the promissory notes at issue is unsecured and unenforceable because no agreements securing that note had been assigned to the claimant. The assignee argued that all of the loans made to the debtors were cross-collateralized, so it holds a beneficial security interest in instruments securing other loans even though no formal assignment of those security interests was made.

Barbara Kay Beraldi v. Midland Properties, LLC (In re Beraldi), Ch. 7, BK16-81286, A16-8057 (Feb. 3, 2017)

The court granted an unopposed summary judgment to a debtor whose wages were garnished in the 90 days prior to the filing of the bankruptcy petition. The debtor established all the elements of a preferential transfer, so the transfers were set aside and the defendant was ordered to return the funds to the debtor.

Brenda Papillon v. Bryon Lee Jones (In re Jones), Ch. 13, BK19-81491, A19-8027 (Feb. 25, 2020)

The bankruptcy court granted summary judgment to a creditor in this Chapter 13 case, finding the debt non-dischargeable under 11 U.S.C. § 1328(a)(4). The creditor holds a judgment for actual and punitive damages and attorneys' fees for the debtor's willful, malicious, and reckless violation of the Iowa law against unauthorized interception and disclosure of oral communications. The court determined that the debt constitutes a debt "for . . .

Ronnie Jerome Eggerson & Debra Louise Eggerson v. U.S. Bank Trust, N.A. (In re Eggerson), Ch. 13, BK18-81307, A19-8021 (Mar. 27, 2020)

On the debtors' challenge to the claim filed by their mortgage holder and servicer, the court granted summary judgment in favor of the creditor. First, the court determined the debtors had no standing to challenge the assignment of the promissory note to its current holder because they hadn't shown any harm to themselves as a result of the assignment, and because they earlier in the bankruptcy case had conceded that the note holder holds a valid perfected security interest in their residence.

Amanda E. Wells v. U.S. Dep't of Educ. (In re Wells), Ch. 7, BK18-81617, A18-8339 (Feb. 25, 2020)

After a trial on the dischargeability of the debtor's student loan indebtedness, the court ruled that the debt was excepted from discharge because the plaintiff did not meet her burden of proving an undue hardship. Questions remain as to available sources of income for the debtor and her minor children, and whether certain expenses are necessary or likely to exist for the foreseeable future.


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