Nebraska

Frausto, In re

Ruling: 
Trustee was entitled to turnover of a vehicle as the court could not recognize a resultingtrust in a motor vehicle. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on April 29,2021, LexisNexis #0621-040

Gurbacki, In re--Moss v. Gurbacki

Ruling: 
Creditor's amended complaint for nondischargeability due to willful and malicious injury didnot relate back to her timely filed original complaint where it was not based upon the same setof operative facts. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on March 30,2021, LexisNexis #0521-065

Glodowski, In re

Ruling: 
Motion for sanctions granted where movant met her burden of proof to establish that the casewas filed for an improper purpose, including to delay the parties' divorce and to increase costs.(Bankr. D. Neb.)
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Consumer case opionion summary, case decided on March 10,2021, LexisNexis #0421-074

Raymer, In re

Ruling: 
Chapter 12 debtors' request to use cash collateral to pay post-petition expenses denied. (Bankr.D. Neb.)
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Consumer case opionion summary, case decided on February 10,2021, LexisNexis #0321-069

Mudd, In re--Mudd v. United States

Ruling: 
Debtor's consolidated student loan was dischargeable as the debtor's loans were an unduehardship and her dependent made a good faith effort to maximize her income. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on December 09,2020, LexisNexis #0121-061

Buchanan, In re--Lund-Ross Constructors, Inc. v. Buchanan

Ruling: 
Summary judgment in nondischargeability proceeding granted in favor of debtors as the debtwas owed by debtors’ company and not personally guaranteed by the debtors. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on November 12,2020, LexisNexis #1220-090

Clouse, In re

Ruling: 
Tardily filed unsecured proof of claim allowed but subordinated to timely filed claims. (Bankr.D. Neb.)
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Consumer case opionion summary, case decided on October 29,2020, LexisNexis #1220-069

Schmitz, In re--Scott v. Schmitz

Ruling: 
Court independently found the debt was excepted form discharge based upon the testimonyof the witnesses, and after judging the credibility. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on October 22,2020, LexisNexis #1220-037

Podwinski, In re

Ruling: 
Debtor's motion for judgment on the pleadings as to equitable tolling of Rule 4007(c) wasdenied as creditors were entitled to their day in court to try to meet their burden of provingfacts to support their request for an extension. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on October 19,2020, LexisNexis #1220-024

Frank, In re--Community First Bank v. Frank

Ruling: 
Request for a declaration regarding the existence of a partnership and to deny a discharge wasdenied as the plaintiff failed to meet its burden of proof. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on August 26,2020, LexisNexis #1020-016

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