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Leaver, In re

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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Consumer opinion summary, case decided on May 25, 2022 , LexisNexis #0722-058

Wigington, In re

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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Consumer opinion summary, case decided on March 02, 2022 , LexisNexis #0422-059

Westerby, In re--Paulsen v. Westerby

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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Consumer opinion summary, case decided on December 22, 2021 , LexisNexis #0222-061

Davis, In re--Paulsen v. Davis

Ruling
Plaintiff had no claim regarding the property of an LLC owned by debtors because theassets of the LLC were not property of debtors or property of the estate. (Bankr. D. Neb.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on August 13, 2021 , LexisNexis #1021-012

Frausto, In re

Ruling
Trustee was entitled to turnover of a vehicle as the court could not recognize a resultingtrust in a motor vehicle. (Bankr. D. Neb.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable

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Consumer opinion summary, case decided on April 29, 2021 , LexisNexis #0621-040

Gurbacki, In re--Moss v. Gurbacki

Ruling
Creditor's amended complaint for nondischargeability due to willful and malicious injury didnot relate back to her timely filed original complaint where it was not based upon the same setof operative facts. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on March 30, 2021 , LexisNexis #0521-065

Glodowski, In re

Ruling
Motion for sanctions granted where movant met her burden of proof to establish that the casewas filed for an improper purpose, including to delay the parties' divorce and to increase costs.(Bankr. D. Neb.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of

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Consumer opinion summary, case decided on March 10, 2021 , LexisNexis #0421-074

Raymer, In re

Ruling
Chapter 12 debtors' request to use cash collateral to pay post-petition expenses denied. (Bankr.D. Neb.)
Issue(s)
Adequate Protection.

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Consumer opinion summary, case decided on February 10, 2021 , LexisNexis #0321-069

Schmitz, In re--Scott v. Schmitz

Ruling
Court independently found the debt was excepted form discharge based upon the testimonyof the witnesses, and after judging the credibility. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge.

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Consumer opinion summary, case decided on October 22, 2020 , LexisNexis #1220-037

Hitchcock, In re

Ruling
The automatic stay did not apply to actions against real estate not owned by the debtor. (Bankr.D. Neb.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on August 14, 2020 , LexisNexis #0920-078