Aug
30
2021
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.)
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Consumer case opionion summary, case decided on August 30,2021, LexisNexis #1021-070
Jul
28
2021
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.)
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Consumer case opionion summary, case decided on July 28,2021, LexisNexis #0921-026
Nov
12
2020
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
Oct
29
2020
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
Oct
19
2020
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
Aug
26
2020
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
May
18
2020
Walker, In re--Muldoon v. Walker
Ruling:
Debt could not be excepted from discharge as there was no evidence as to whatrepresentations the debtor had made to the creditor and what her intent was in making thoserepresentations. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on May 18,2020, LexisNexis #0720-014
Dec
16
2019
Specialty Retail Shops Holding Corp., In re
Ruling:
Debtor owed rent at agreed-upon reduced rate as post-amendment events did not retroactivelyrender lease as amended unenforceable. (Bankr. D. Neb.)
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Commercial case opionion summary, case decided on December 16,2019, LexisNexis #0120-084
Nov
26
2019
Heyl, In re
Ruling:
Bankruptcy court did not abuse its discretion in holding that appellants failed to demonstrateexcusable neglect for late filing of a notice of appeal. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on November 26,2019, LexisNexis #0120-042
Dec
05
2019
Worrell, In re--Bank of Doniphan v. Worrell
Ruling:
Discharge denied for debtor's false statements under oath concerning his assets. (Bankr. D.Neb.)
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Consumer case opionion summary, case decided on December 05,2019, LexisNexis #0120-046
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