The court denied the debtor-defendant’s motion for reconsideration of an order finding that the debtor owed the plaintiffs more than $3.5 million and the debt was non-dischargeable under § 523(a)(4) and (a)(6). The motion to reconsider was denied because it was untimely and because the evidence was insufficient to support the debtor-defendant’s allegations of fraud on the court.
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Judge Timothy J. Mahoney (Retired)
The court granted the plaintiff’s motion to compel discovery, finding that the information requested was relevant to whether the debtor listed all of his assets in his bankruptcy schedules. The court also ruled that information as to the source of the legal fees paid to the debtor’s attorney was relevant because the funds used may have been property of the bankruptcy estate. Such information is not privileged.
The court overruled an objection to plan confirmation filed by the debtor’s former husband because the debt at issue, which arose from the distribution of assets and liabilities at the dissolution of the parties’ marriage, was not a non-dischargeable domestic support obligation. Rather, it “is simply a contract between the debtor and her former husband with regard to a property settlement agreement incorporated into the Dissolution of Marriage Decree. It is not in the nature of support, but is the type of debt dealt with by 11 U.S.C.
State of Nebraska may amend proof of claim; penalties on post-petition tax liabilities are subordinated under section 510(c)(1) to general unsecured claims; and interest on post-petition taxes is allowed as administrative expense under section 503(b)(1).
IRS's motion to allow late filing of its claim was granted because the IRS was able to establish "excusable neglect" under Rule 9006(b)(1). No prejudice to the estate was shown, & certain factors contributing to the late filing were beyond IRS's control.
Published at 175 B.R. 732. Debtor conceded that her student loan was not dischargeable, so the only issue for the court was whether the loan continued to accrue interest post-petition. It does, and that interest is non-dischargeable as well.
Reported at 139 B.R. 919. GMAC’s perfected security interest lapsed when it filed a continuation statement in the wrong location. The U.C.C.’s filing requirements apply to security interests in titled and untitled vehicles in a dealer’s inventory.
Reported at 130 B.R. 312. The court held that the IRS was entitled to a priority claim for taxes for which a return was due more than three years before the petition date because debtor’s previous bankruptcies tolled the running of the limitation period.
Reported at 122 B.R. 376. Debtor transferred his business assets to his wife pre-petition. She assumed, and agreed to hold debtor harmless on, a debt on certain secured assets. The court ruled the transaction was not an attempt to defraud creditors.
Reported at 122 B.R. 730. The court found that the Nebraska legislature intended Individual Retirement Accounts (IRAs) to be categorized as a type of retirement plan that may be claimed as exempt from creditors under Neb. Rev. Stat. § 25-1563.