Skip to main content

Page Banner(Taxonomy)

District of nebraska

Bennett, In re--HEA Corp. v. Bennett

Ruling
Court found that the debtor knowingly made multiple false written representations of material fact on which plaintiffs reasonably relied and the resulting judgment was excepted from discharge. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge.

ABI Membership is required to access the full summary of Bennett, In re--HEA Corp. v. Bennett Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 01, 2024 , LexisNexis #1224-032

Bunn, In re--Nissan Motor Acceptance Co. LLC v. Bunn

Ruling
Chapter 7 debtor's debt to a car dealership lender was excepted from discharge as debtor's actions were unarguably willful and malicious. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

ABI Membership is required to access the full summary of Bunn, In re--Nissan Motor Acceptance Co. LLC v. Bunn Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 09, 2024 , LexisNexis #1124-033

Miller, In re

Ruling
Debtor's request to offset the claim with orthodontic expenses paid by her parents was deniedas debtor did not establish mutuality regarding the orthodontic payments. (Bankr. D. Neb.)
Issue(s)
Allowance of Claims or Interests; Disallowance.

ABI Membership is required to access the full summary of Miller, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 22, 2024 , LexisNexis #0924-084

Bergman, In re

Ruling
Debtors were not prohibited from using the 100% fair market value check box when claimingexemption, provided the trustee could determine the amount of the exemption claimed fromSchedule C and the applicable statute. (Bankr. D. Neb.)
Issue(s)
Exemptions; Types of Exempt Property.

ABI Membership is required to access the full summary of Bergman, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 18, 2024 , LexisNexis #0924-088

Osborn, In re

Ruling
Court denied creditor's untimely motion to extend deadline to object to Chapter 12 dischargefor lack of diligence and grounds for equitable tolling. (Bankr. D. Neb.)
Issue(s)
Grant or Denial of Discharge; Extension of Time.

ABI Membership is required to access the full summary of Osborn, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 09, 2024 , LexisNexis #0924-050

Kelly, In re

Ruling
Objection to creditor’s claim, which it sought to be excepted from discharge, sustained ascreditor failed to prove the underlying debt. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

ABI Membership is required to access the full summary of Kelly, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 30, 2024 , LexisNexis #0324-086

Dedrick, In re--Kelly v. McDonald

Ruling
Plaintiff established the elements to avoid and set aside a transfer to defendant as debtor testified she paid defendant for back rent and there was a financial trail. (Bankr. D. Neb.)
Issue(s)
Preferences; Avoidable Transfers.

ABI Membership is required to access the full summary of Dedrick, In re--Kelly v. McDonald Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 23, 2023 , LexisNexis #0423-063

Jones, In re

Ruling
Debt was excepted from discharge as defendant used his side businesses to divert incomefrom plaintiff as well as caused plaintiff unwittingly to pay expenses incurred on defendant'sown behalf or on behalf of his other businesses. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Jones, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 07, 2022 , LexisNexis #0223-008

Klein, In re

Ruling
Creditor's motion for a preliminary injunction to enjoin the debtors from spending thebalance of a U.S. Small Business Association loan was granted as the creditor demonstratedirreparable harm. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

ABI Membership is required to access the full summary of Klein, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 07, 2022 , LexisNexis #0123-086

Kant, In re

Ruling
State court action to rescind a warranty deed and to quiet title to real estate against the debtorswas barred by the discharge injunction. (Bankr. D. Neb.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to

ABI Membership is required to access the full summary of Kant, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 28, 2022 , LexisNexis #0123-69