David Fauss et al. v. Rodney & Marilyn Zwygart (In re Zwygart), Ch. 11, A00-4030, BK99-42288
Attorney fees awarded to plaintiff's counsel under Neb. Rev. Stat. section 21-2076 concerning derivative proceedings by shareholders
Attorney fees awarded to plaintiff's counsel under Neb. Rev. Stat. section 21-2076 concerning derivative proceedings by shareholders
Wife used medical insurance check – which husband had assigned to hospital – for living expenses. The hospital debt was not excepted from discharge because husband was unaware of wife's use of check & hospital had no claim to funds in wife's possession.
Reported at 353 B.R. 886. Under U.C.C. § 9-506, financing statements should contain the debtor's legal name. If filing office's standard search logic, which requires an "exact legal name," wouldn't pull it up, the statement may not be effective.
Reported at 325 B.R. 842. Child support is property of the estate. Debtor was permitted to exempt tax refunds. Debtors and counsel should make sure schedules as filed contain complete, accurate information upon which trustee and creditors can rely.
Debtor filed bankruptcy just as City prepared to demolish one of his properties pursuant to a condemnation order. City's actions are excepted from the automatic stay under 362(b)(4). Debtor did not meet the Dataphase factors for a TRO to stop the City.
Non-debtor wife's purported settlement agreement with bank to end bank's § 727 and § 523 lawsuit against debtor husband wasn't voidable for duress or rescindable based on wife's untimely performance, but was unenforceable for lack of consideration
The court denied summary judgment in a case to force dissolution of the debtor for breach of fiduciary duty to its partners because factual questions remained about the debtor's alleged misconduct. Also, the plaintiff could move to appoint a trustee.
A creditor filed a mechanic's lien against real estate owned by the debtor for work performed for a separate debtor. On an objection to claim, the court found the debtors did not have an agency relationship and the mechanic's lien was therefore invalid
Debtor failed to pay, or provide timely adequate assurance of payment, for post-petition utility services, so the provider of cable television and telephone services was within its rights under 11 U.S.C. section 366 to terminate the debtor's service
Jury verdict that debtor made false representations was based on same elements & standard of proof as in section 523(a)(2)(A), so issue could not be revisited here. Benefit to debtor's company rather than debtor was sufficient for nondischargeability