Podwinski, In re
Oct
19
2020
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.)
Issue(s)
Determination of Dischargeability of a Debt; Time for Filing Complaint Under §
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Court
:
Frank, In re--Community First Bank v. Frank
Aug
26
2020
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.)
Issue(s)
Discharge; Grounds for Denial.
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Court
:
- 11 U.S.C.
Walker, In re--Muldoon v. Walker
May
18
2020
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.
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Court
:
- 11 U.S.C.
Specialty Retail Shops Holding Corp., In re
Dec
16
2019
Ruling
Debtor owed rent at agreed-upon reduced rate as post-amendment events did not retroactivelyrender lease as amended unenforceable. (Bankr. D. Neb.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate
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Court
:
- 11 U.S.C.
Worrell, In re--Bank of Doniphan v. Worrell
Dec
05
2019
Ruling
Discharge denied for debtor's false statements under oath concerning his assets. (Bankr. D.Neb.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
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Court
:
- 11 U.S.C.
Heyl, In re
Nov
26
2019
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debt Relating to Securities
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Campagna, In re
Sep
19
2019
Ruling
IRS liability survived discharge where debtor’s returns were filed late and less than two yearsbefore discharge. (Bankr. D. Neb.)
Issue(s)
Discharge; Full-Compliance Discharge; Section 523(a) Exceptions Apply.
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Court
:
- 11 U.S.C.
Widick, In re
Sep
10
2019
Ruling
IRS could collect post-petition interest on tax debt paid through the debtor’s chapter 13plan. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Taxes; Late or Unfiled Return.
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Court
:
- 11 U.S.C.
Russell, In re
Sep
10
2019
Ruling
Debt was nondischargeable as debtor failed to disclose water issues in the basement of ahouse he sold to creditor in violation of state law. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Specialty Retail Shops Holding Corp., In re
Aug
30
2019
Ruling
Creditor was not entitled to a superpriority administrative expense claim for reclamationrights as lenders prior rights rendered the claim valueless. (Bankr. D. Neb.)
Issue(s)
Priorities; Secured Creditor's Claim for Inadequacy of Adequate Protection.
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