Debt at issue was dischargeable. The false financial statement in writing exception to discharge didn't apply where debtor failed to list mechanic's liens of which he was unaware; court held that debtor didn't intentionally falsely represent his finances

Parties' cross-motions for summary judgement were denied because factual questions existed regarding the ownership of copper under the copper contracts at issue in the lawsuit.  The defendants claimed an ownership interest rather than a security interest.

A "claim" is the actual debt, not the physical document filed with the court as proof of the claim. When a debtor uses Chapter 13 to attempt to preserve a small business, he becomes bound to pay the secured creditor the going-concern value of that busines

Reported at 18 B.R. 631. Vehicle had been titled in both Colorado and Nebraska, but creditor's lien wasn't noted on Nebraska title. Under UCC 9-103, creditor's secured status depends on whether vehicle was registered – not just titled – in Nebraska

Debt is non-dischargeable under 11 U.S.C. sec. 523(a)(2) for fraud/false pretense or representation. Plaintiff bought a vehicle from debtor & paid with a check. Debtor did not deliver the vehicle title & instead used the check proceeds to pay other debts

District court order that affirms the bankruptcy court's opinion of Aug. 23, 1982, that the landlord's actions to obtain possession of a residence leased to debtor were not unlawful, willful or malicious, and did not result in a non-dischargeable debt

District court opinion overruling the BK court opinion reported at 5 B.R. 752. According to the Eighth Circuit decision of Tenney v. Terry, 630 F.2d 634 (8th Cir. 1980), zero-payment Chapter 13 plans are not proposed in good faith & cannot be confirmed

Reported at 54 B.R. 587. District court reversed bankruptcy court order regarding applicability of the automatic stay.  The district court found that debtor's beneficial interest in spendthrift trust assets didn't constitute property of the estate.

On appeal, the district court affirmed the order denying a creditor's motion for relief from stay, but noted that while the debtor carried her burden of proof as of the date of the hearing, circumstances at the time of the appeal may have warranted relief

Reported at 52 B.R. 370. District court affirmed the dismissal of an involuntary petition because section 303(h)'s "generally not paying debts when due" element wasn't met when the only unpaid debt was a disputed claim held by the petitioning creditor