The court recommended the district court deny the defendant’s motion to withdraw the reference because the plaintiff’s causes of action were either core proceedings or related-to matters which the bankruptcy court had jurisdiction to hear.
Opinions
The District of Nebraska offers a database of opinions for the years 1997 to 2011, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.
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Thomas D. Stalnaker v. Dan Fitch (In re First Americans Ins. Serv., Inc.), Ch. 11, BK09-40067-TLS, A11-4074-TLS 01/20/201201/20/2012
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Robert B. Deck v. Tracy Dawn Renz (In re Renz), Ch. 7, BK11-40957-TJM, A11-4172-TJM 01/18/201201/18/2012
In a fee discussion with the attorney who represented her pre-petition, the debtor did not make a false representation as to her ability to pay or the source of funds for the retainer, so the debt was not excepted from discharge under § 523(a)(2)(A).
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QA3 Fin'l Corp., Ch. 11, BK11-80297-TJM 01/18/201201/18/2012
Some claims raised by creditors about the conduct of persons associated with the debtor are not “control person” claims under securities law and are not covered by the automatic stay. They are therefore subject to arbitration by a regulatory agency.
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Richard Allen Magni, Sr., & Tammy Lynn Magni v. U.S. Bank, N.A., ND (In re Magni), Ch. 13, BK10-83270-TLS, A11-8049-TLS 01/12/201201/12/2012
An unsecured junior lien on the debtors' residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The case law in the Eighth Circuit, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
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QA3 Financial Corp., Ch. 11, BK11-80297-TJM 01/10/201201/10/2012
The debtor holds a professional liability policy which also covers non-debtor parties. The court granted stay relief to the insurer to permit it to pay defense costs for the non-debtors out of proceeds that are not property of the bankruptcy estate.
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Michael J. & Sheila M. Lyons v. GMAC RESCAP, LLC (In re Lyons), Ch. 13, BK08-81019-TLS, A11-8078-TLS 01/06/201201/06/2012
An unsecured junior lien on the debtors' residential real estate may be avoided after the debtors complete Chapter 13 plan payments. The case law in the Eighth Circuit, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
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Kent E. & Lisa M. Anders, Ch. 7, BK11-40710-TLS 12/23/201112/23/2011
The court did not allow the debtors to claim an exemption in an earned income tax credit that was recovered by the Chapter 7 trustee after they used it to pay down a debt. Such property is potentially exempt unless it has been voluntarily transferred.
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Professional Veterinary Products, Ltd., Ch. 11, BK10-82436 12/16/201112/16/2011
The court sustained an objection to a Chapter 11 plan as to the appropriate valuation and treatment of stock purchased by debtor as part of a distribution agreement to sell the creditor’s products. The set-off of promotional allowances was permitted.
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JMJ Land, LLC, Ch. 12, BK11-40267-TLS 12/15/201112/15/2011
At trial, the court found the testimony of the creditor’s appraiser to be more reliable and adopted that figure as the value of the real property securing the creditor’s claim. The debtors were directed to amend their plan to account for that finding.
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Farm Credit Serv. of Am., PCA v. Brad Haun (In re Big Drive Cattle, LLC), Ch. 11, BK11-42415-TLS, A11-4225-TLS, 8:11CV320 12/15/201112/15/2011
The bankruptcy court ruled that it lacked subject-matter jurisdiction over a lawsuit between non-debtor parties concerning the defendants’ guarantees of certain debt incurred by the debtor, so the case was sent to the federal district court.