Jones, In re
Dec
07
2022
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.
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Court
:
- 11 U.S.C.
Klein, In re
Dec
07
2022
Ruling
Creditor's motion for a preliminary injunction to enjoin the debtors from spending thebalance of a U.S. Small Business Association loan was granted as the creditor demonstratedirreparable harm. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
- 11 U.S.C.
Kant, In re
Nov
28
2022
Ruling
State court action to rescind a warranty deed and to quiet title to real estate against the debtorswas barred by the discharge injunction. (Bankr. D. Neb.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
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Court
:
Wright, In re--Casamatta v. Wright
Sep
07
2022
Ruling
Debtor's discharge denied where debtor misrepresented her true financial position in herschedules and statement of financial affairs which remained uncorrected months after shefiled. (Bankr. D. Neb.)
Issue(s)
Discharge; Grounds for Denial.
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Mattes, In re--Overcash v. Bank of Dixon Cnty.
Jun
08
2022
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.
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Court
:
- 11 U.S.C.
Leaver, In re
May
25
2022
Ruling
Pre-petition agreement for the sale of the debtor's home was executory under federalbankruptcy law where the home buying company had not tendered or paid the purchase price.(Bankr. D. Neb.)
Issue(s)
Executory Contracts and Unexpired Leases.
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Wigington, In re
Mar
02
2022
Ruling
Debtor's motion to avoid the judgment lien on her home was denied as she did not meet herburden to establish a lesser value. (Bankr. D. Neb.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.
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Court
:
- 11 U.S.C.
Koziel, In re--Koziel v. Shellpoint Mortg. Servicing
Dec
29
2021
Ruling
Debtors could strip off the wholly unsecured junior lien for the purposes of the Chapter 13plan as there was no equity securing the security interest in the property. (Bankr. D. Neb.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
Westerby, In re--Paulsen v. Westerby
Dec
22
2021
Ruling
Debt owed for breach of a consignment agreement to sell an owner's boat was notnondischargeable where debtor actively marketed the consigned boat and reasonably believedhe was authorized to sell the boat for $5,000. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
- 11 U.S.C.
Topp's Mech., In re
Nov
23
2021
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
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