Feb
23
2023
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.)
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Consumer case opionion summary, case decided on February 23,2023, LexisNexis #0423-063
Dec
07
2022
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.)
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Consumer case opionion summary, case decided on December 07,2022, LexisNexis #0223-008
Dec
07
2022
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.)
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Consumer case opionion summary, case decided on December 07,2022, LexisNexis #0123-086
Nov
28
2022
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.)
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Consumer case opionion summary, case decided on November 28,2022, LexisNexis #0123-69
Sep
07
2022
Wright, In re--Casamatta v. Wright
Ruling:
Debtor's discharge denied where debtor misrepresented her true financial position in herschedules and statement of financial affairs which remained uncorrected months after shefiled. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on September 07,2022, LexisNexis #1122-044
Jun
08
2022
Mattes, In re--Overcash v. Bank of Dixon Cnty.
Ruling:
Bank's post-petition notation of its lien on certificate of title was avoidable as an unauthorizedpost-petition transfer. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on June 08,2022, LexisNexis #0822-017
Mar
02
2022
Wigington, In re
Ruling:
Debtor's motion to avoid the judgment lien on her home was denied as she did not meet herburden to establish a lesser value. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on March 02,2022, LexisNexis #0422-059
Dec
29
2021
Koziel, In re--Koziel v. Shellpoint Mortg. Servicing
Ruling:
Debtors could strip off the wholly unsecured junior lien for the purposes of the Chapter 13plan as there was no equity securing the security interest in the property. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on December 29,2021, LexisNexis #0222-071
Dec
22
2021
Westerby, In re--Paulsen v. Westerby
Ruling:
Debt owed for breach of a consignment agreement to sell an owner's boat was notnondischargeable where debtor actively marketed the consigned boat and reasonably believedhe was authorized to sell the boat for $5,000. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on December 22,2021, LexisNexis #0222-061
Nov
23
2021
Topp's Mech., In re
Ruling:
Plan's treatment of a bank's election to have its under-secured claim treated as secured was notfair and equitable to the unsecured creditor class. (Bankr. D. Neb.)
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Commercial case opionion summary, case decided on November 23,2021, LexisNexis #0122-071
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