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Renner, In re--Pinkelman v. Renner

Ruling
Fiduciary duties of loyalty and care upon members of a member-managed LLC was not an express or technical trust. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on April 02, 2018 , LexisNexis #0518-039

Leonard, In re--Dinsdale Bros. v. Leonard

Ruling
Long-standing business relationship did not constitute a trust relationship or agency relationship that gave rise to a technical or express trust. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on January 17, 2018 , LexisNexis #0218-099

Palmer, In re--Palmer v. Real Time Sols.

Ruling
Chapter 13 debtors allowed to strip off a junior lien on their residential property as the lien was wholly unsecured. (Bankr. D. Neb.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion summary, case decided on October 20, 2017 , LexisNexis #1217-054

Bachman, In re--Bachman v. Dunker

Ruling
Debtor's discharge denied for making property transfers to his wife with the intent to hinder, delay, or defraud his creditors. (Bankr. D. Neb.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property; Property of the Debtor.

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Consumer opinion summary, case decided on July 20, 2017 , LexisNexis #0817-111

Skyline Manor, Inc., In re--Ross v. Buckles

Ruling
Trustee established that transfers were made while debtor's financial state was fragile inshowing that debtor was not paying its debts as they became due. (Bankr. D. Neb.)
Issue(s)
Fraudulent Transfers and Obligations; Elements Of Fraudulent Transfers.

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Commercial opinion summary, case decided on June 13, 2017 , LexisNexis #0717-076

Clark, In re--Clark v. Select Portfolio Servicing

Ruling
Defendant's motion for summary judgment granted as debtor lacked standing to challenge the assignment of the deed of trust. (Bankr. D. Neb.)
Issue(s)
Summary Judgment.

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Consumer opinion summary, case decided on May 30, 2017 , LexisNexis #0717-058

Skyline Manor, Inc., In re--Ross v. Rynard

Ruling
Withdrawal of bankruptcy reference was warranted to recover allegedly fraudulent transfers.(Bankr. D. Neb.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.

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Commercial opinion summary, case decided on April 14, 2017 , LexisNexis #0617-087

Irons, In re--Hasley v. Irons

Ruling
Debtor's oral motion for judgment on partial findings granted as creditors failed to show that debtor made false representations in obtaining a loan from creditors. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud

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Consumer opinion summary, case decided on March 09, 2017 , LexisNexis #0417-041

In re Niroomand-Rad

Ruling
Court did not have the authority to enter a final judgment in an adversary proceeding becauseof the state-law, non-core claims. (Bankr. D. Neb.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.

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Consumer opinion summary, case decided on December 16, 2016 , LexisNexis #0117-086

Porter v. First Nat'l Bank of Omaha (In re Porter)

Ruling
Bank’s second lien on debtor’s residence could be treated as wholly unsecured. (Bankr. D. Neb.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion summary, case decided on December 02, 2016 , LexisNexis #0117-025