Skip to main content

Page Banner(Taxonomy)

judge saladino

Walters v. Walters

Ruling
Debtor was granted discharge because he cooperated with the trustee, amended filings as needed, and lacked intent to conceal assets or deceive creditors. (Bankr. D. Neb.)
Issue(s)
Discharge; Grounds for Denial.

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

Consumer opinion summary, case decided on May 13, 2025 , LexisNexis #0725-067

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

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

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.)
Issue(s)
Post-petition Transactions; Trustee’s Power to Avoid Transfers.

ABI Membership is required to access the full summary of Mattes, In re--Overcash v. Bank of Dixon Cnty. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 08, 2022 , LexisNexis #0822-017

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.)
Issue(s)
Confirmation of Plan; Rule of Construction; Requirements as of Effective Date of

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

Commercial opinion summary, case decided on November 23, 2021 , LexisNexis #0122-071

Peterson, In re--Brown v. Peterson

Ruling
Debtors denied a discharge because the sheer volume and materiality of the misstatementsand omissions demonstrated at a minimum, reckless indifference to the truth. (Bankr. D. Neb.)
Issue(s)
Discharge; Grounds for Denial.

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

Consumer opinion summary, case decided on August 30, 2021 , LexisNexis #1021-070

Lincoln, In re--Lincoln v. Snyder

Ruling
Appeal was dismissed as moot because the bankruptcy was dismissed and there was no needfor a credit counseling certificate. (B.A.P. 8th Cir.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.

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

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 28, 2021 , LexisNexis #0921-026

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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

ABI Membership is required to access the full summary of Buchanan, In re--Lund-Ross Constructors, Inc. v. Buchanan 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 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.)
Issue(s)
Distribution of Property of the Estate; Order of Distribution; Tardily Filed Claims.

ABI Membership is required to access the full summary of Clouse, 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 October 29, 2020 , LexisNexis #1220-069