- 11 U.S.C.
In re Sears
Aug
29
2014
Ruling
Objection to claims based on postpetition defenses were precluded.
Issue(s)
Was debtor precluded from raising objections to creditor's proofs of claim that had previously been adjudicated in the bankruptcy of company in which debtor was a shareholder?
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Court
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In re Johnson
Jul
03
2014
Ruling
Motion to reopen to determine nondischargeability of state court judgment debt denied.
Issue(s)
Should debtor's ten-year-old case be reopened to allow determination of whether state court judgment debt was discharged? Whether to grant a debtor's motion to reopen her case pursuant to 11 U.S.C.S. § 350(b) to file an adversary proceeding against the state to determine the dischargeability of a state court judgment debt under 11 U.S.C.S. § 523(a)(7).
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Court
:
- 11 U.S.C.
Nebraska Dept of Health & Human Servs. v. Zupancic (In re Zupancic)
Jun
12
2014
Ruling
State court judgment under False Medicare Claims Act was nondischargeable.
Issue(s)
Was judgment under state False Medicare Claims Act nondischargeable?
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Court
:
- 11 U.S.C.
In re Vaughter
Feb
28
2014
Ruling
Funds held by trustee were subject to attachment, levy or garnishment upon dismissal of debtor's chapter 13 case.
Issue(s)
Were funds on hand with chapter 13 trustee upon dismissal subject to levy by state department of revenue or was trustee required to return the funds to the debtor.
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Court
:
Sears v. Sears (In re Sears)
Feb
21
2014
Ruling
Withdrawal of reference of proceeding for denial of discharge denied as issues were vital to the bankruptcy process.
Issue(s)
Should reference of proceeding for denial of debtor's discharge be withdrawn?
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Court
:
- FRBP
In re White
Feb
12
2014
Ruling
Trustee's settlement denied due to failure to include all affected parties and favoring of one creditor.
Issue(s)
Should trustee's proposed settlement of nondischargeability proceeding brought by equipment finance company be approved?
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Court
:
- 11 U.S.C.
Nebraska DOL v. Platt (In re Platt)
Feb
04
2014
Ruling
Overpayment of unemployment benefits was nondischargeable based on adjudication that the overpayment was a result of debtor's material misrepresentations.
Issue(s)
Whether Nebraska Department of Labor (Department) was entitled to summary judgment on its complaint asserting that chapter 7 debtor's overpayment of unemployment insurance benefits was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A).
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Court
:
- 11 U.S.C.
Scover v. Ramsey (In re Ramsey)
Jan
14
2014
Ruling
State court judgment based on debtor's misrepresentations regarding deed in loan transaction was nondischargeable.
Issue(s)
Was judgment for breach of contract, fraudulent inducement, and unjust enrichment based on debtor's fraudulent misrepresentations in obtaining loan nondischargeable.
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Court
:
- 11 U.S.C.
Myers v. Malone (In re Malone)
Nov
26
2013
Ruling
Payment of debtor's spouse's debt with assets of debtor's business was avoidable.
Issue(s)
Was payment of debt in spouse's name with assets of debtor's business avoidable as fraudulent?
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Court
:
- 11 U.S.C.
Elske v. UP Connection Fed. Credit Union (In re Elske)
Nov
19
2013
Ruling
Debtors could avoid junior lien where residence was worth less than first mortgage.
Issue(s)
Could debtor avoid junior lien where value of residence was less than amount of first mortgage.
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Court
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