Judge Mahoney

Bank of Neb. V. Rose (In re Rose)

Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtor to except a debt from discharge under 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
Loan debt was nondischargeable due to debtor's inflation of value of assets on statements submitted to bank.
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Consumer case opionion summary, case decided on June 11,2012, LexisNexis #0712-070

In re Vista Bella Inc.

Petitioning creditors filed an involuntary chapter 11 bankruptcy petition against debtor corporation, and the court entered an order of relief and subsequently converted the case to one under chapter 7 of the Bankruptcy Code. The chapter 7 trustee filed a motion under 11 U.S.C.S. § 327, seeking permission to employ an attorney as special counsel for the purpose of filing fraudulent transfer actions against several individuals and a business.
Ruling: 
Trustee's application to employ special counsel granted despite counsel's prior representation of debtor and creditors.
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Commercial case opionion summary, case decided on May 29,2012, LexisNexis #0612-071

Arnold v. Beneficial Neb. Inc.

Debtors filed an adversary proceeding against defendant creditor to avoid a junior lien on debtors' real property. Debtors filed a Fed. R. Civ. P. 56(c) motion for summary judgment.
Ruling: 
Debtor could strip off wholly unsecured third lien.
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Consumer case opionion summary, case decided on May 08,2012, LexisNexis #0512-122

In re Anthony

Movant bank, a national banking association per 12 U.S.C.S. § 24, asked the court to grant it relief from stay per 11 U.S.C.S. § 362 to allow it to pursue its remedies against a Chapter 13 debtor who was in default on a construction loan used to build the residence in which debtor was residing. At issue was whether movant had established "bad faith" conduct on debtor's part adequate to support a grant of relief from stay for cause.
Ruling: 
Relief from stay to foreclose granted where chapter 13 case was filed in bad faith.
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Consumer case opionion summary, case decided on May 04,2012, LexisNexis #0612-006

In re Haven Manor Inc.

A hearing was held regarding the application for administrative expenses filed by the Nebraska Department of Labor. An objection was filed by the chapter 7 trustee.
Ruling: 
Claim for postpetition unemployment taxes was not entitled to administrative expense status.
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Commercial case opionion summary, case decided on April 16,2012, LexisNexis #0512-009

In re Cello Energy LLC

Debtors, an inventor and his limited liability companies, and the creditors' committee submitted a joint plan of reorganization for confirmation, and one unsecured judgment creditor objected to the confirmation. Several other creditors filed contingent motions to dismiss or convert various adversary proceedings only if the plan was not confirmed.
Ruling: 
Objection to confirmation based on treatment of unsecured claims as part of settlement overruled.
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Commercial case opionion summary, case decided on April 10,2012, LexisNexis #0512-030

Lange v. Wells Fargo Equip. Fin. Inc. (In re Negus-Sons Inc.)

Plaintiff chapter 7 trustee and defendant IRS filed a joint motion for partial summary judgment, seeking a determination that defendant creditor did not have a perfected lien on a truck or on the service body and crane installed on the truck.
Ruling: 
Trustee's hypothetical lien was superior to lien that was unperfected on petition date.
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Commercial case opionion summary, case decided on April 02,2012, LexisNexis #0412-123

In re TTM MB Park LLC

This case was before the court on a creditor's motion for a determination that debtor was subject to the single asset real estate provisions of 11 U.S.C.S. § 362(d)(3). The court held a hearing on the motion and took the matter under advisement.
Ruling: 
Geographically separate properties could not be considered "single asset real estate."
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Commercial case opionion summary, case decided on March 12,2012, LexisNexis #0412-008

In re Pedersen

Creditors filed a motion to dismiss the chapter 11 debtors' case pursuant to 11 U.S.C.S. § 1112. The debtors moved to convert the case to chapter 7.
Ruling: 
Case dismissed given absence of reasonable likelihood of rehabilitation, failure to comply with court order and failure to get disclosure statement approved.
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Consumer case opionion summary, case decided on March 12,2012, LexisNexis #0412-028

United States v. Sears (In re Sears)

The United States sought a judgment that certain debts owed by a chapter 11 debtor who was doing business with the government as a bonding company, were nondischargeable under 11 U.S.C.S. § 523. The debts arose as a result of a series of bond surety agreements entered into by the parties in connection with public construction contracts.
Ruling: 
Debts were nondischargeable for misrepresentation only to the extent relief upon by creditor.
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Consumer case opionion summary, case decided on February 16,2012, LexisNexis #0312-086

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