Judge Mahoney

Nebraska Dept of HHS Fin. & Support v. Palermo (In re Palermo)

The Nebraska Department of Health and Human Services Finance and Support (the State), filed this adversary proceeding alleging that, as a result of filing false claims, debtor received overpayments which she had neither the intention nor ability to repay. It contended the debt resulting from the overpayments was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). Pending was the State's summary judgment motion.
Ruling: 
Court ordered restitution for Medicare fraud was nondischargeable.
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Consumer case opionion summary, case decided on March 20,2009, LexisNexis #0509-117

R&R Ready Mix Inc. v. Freier (In re Freier)

Creditor filed an action against chapter 7 debtor, seeking a determination that the debtor had a legal obligation to pay a debt that was owed by a company he owned, and that the debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(B), and (a)(4). The U.S. Bankruptcy Court for the District of Minnesota found that the debtor was liable for the debt and that the debt was nondischargeable, and the debtor appealed.
Ruling: 
Bankruptcy court erred in finding that amount owed by debtor's company was a nondischargeable personal debt of the debtor.
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Consumer case opionion summary, case decided on March 20,2009, LexisNexis #0409-067

In re Merit Transp. Inc.

Claimant, the owner of real estate used by debtor, a transportation company, for business purposes sought an award of administrative expenses in debtor's chapter 7 including rent, utilities, and pro rata taxes and insurance on account of the two and one-half month period during which the trustee had occupied the premises. Objections to the claim and/or constituent parts thereof were filed. Claimant also sought reconsideration on certain elements.
Ruling: 
Landlord entitled to fair rental value of premises for period occupied by trustee as administrative expense.
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Commercial case opionion summary, case decided on March 02,2009, LexisNexis #0509-079

Littleton v. Hinton (In re Triple H Auto & Truck Sales Inc.)

Chapter 7 trustee, brought a claim seeking the avoidance, under 11 U.S.C.S. § 547, of transfers of funds by the debtor to the aunt of the debtor's principals, and a credit provider and transferee of funds from the debtor. The transferee moved for summary judgment, asserting that the transfers were made in exchange for contemporaneous new value, or were made in the ordinary course of business.
Ruling: 
Transfer from debtor auto dealer repaying advances with interest were contemporaneous exchanges for new value and not avoidable.
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Commercial case opionion summary, case decided on February 02,2009, LexisNexis #0409-121

In re Merit Transp. Inc.

A debtor originally filed for relief under chapter 11 of the Bankruptcy Code and the matter was converted to chapter 7. After the conversion a chapter 7 trustee entered into an agreement with a landlord so that the trustee could maintain possession of the space leased to the debtor while the trustee liquidated assets. The landlord filed an application for administrative expenses.
Ruling: 
Landlord entitled to reasonable administrative expense for trustee's use of space leased by debtor.
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Commercial case opionion summary, case decided on January 23,2009, LexisNexis #0309-045

In re Broadus

The IRS filed a motion to reconsider a chapter 13 debtor's discharge, requesting that its secured claim and lien survive the discharge order and that it be granted relief from the discharge order due to the debtor's failure to pay the interest due on the tax claim.
Ruling: 
Interest rate and amount did not have to be included in proof of claim for debtor to be liable.
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Consumer case opionion summary, case decided on January 07,2009, LexisNexis #0209-097

In re Benchmark Homes Inc.

Pursuant to 11 U.S.C.S. § 503(b), claimants filed a motion for immediate payment of allowed administrative expenses following a dispute as to the appropriate method of distributing the proceeds of the sale of estate assets among various claimants.
Ruling: 
Motion for immediate payment of allowed administrative expenses denied.
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Commercial case opionion summary, case decided on October 29,2008, LexisNexis #0109-009

Myers v. Raynor (In re Raynor)

Plaintiff filed an adversary proceeding against defendant a debtor's spouse, to avoid certain transfers made by intervenor debtor to his spouse. The debtor filed a motion to dismiss, claiming that the adversary proceeding was time barred.
Ruling: 
Bankruptcy court denied motion to dismiss timely filed adversary proceeding.
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Consumer case opionion summary, case decided on October 27,2008, LexisNexis #0109-034

Fokkena v. Draisey (In re Draisey)

United States Trustee (UST) appealed a decision of the Bankruptcy Court for the District of Minnesota that denied the UST's motion to dismiss defendant debtors' case pursuant to 11 U.S.C.S. § 707(b)(3)(B).
Ruling: 
Bankruptcy court erred in applying 30-day limit of 702(b)(2) to bar motion to dismiss under 702(b)(3).
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Consumer case opionion summary, case decided on October 16,2008, LexisNexis #1108-081

In re Merit Transp. Co. LLC v. Pilgrims Pride Corp. (In re Merit Transp. Co. LLC)

Defendant corporation filed a motion for withdrawal of the reference to the bankruptcy court in plaintiff debtor's adversary proceeding, which sought payment on an account for services provided.
Ruling: 
Bankruptcy court recommended withdrawal of reference of debtor's collection proceeding in which defendant was entitled to jury trial.
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Commercial case opionion summary, case decided on September 02,2008, LexisNexis #1208-058

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