This is essentially a collection action by the bankruptcy trustee. It is not a core proceeding, and under Stern v. Marshall, the bankruptcy court lacks constitutional authority to enter judgment on it, so it should be referred to the district court.
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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Joseph H. Badami, Chap. 7 Trustee v. Sears Cattle Co. (In re AFY, Inc.), Ch. 7, BK10-40875-TLS, A10-4062-TLS 08/18/201108/18/2011
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Joseph H. Badami, Chap. 7 Trustee v. Robert A. Sears (In re AFY, Inc.), Ch. 7, BK10-40875-TLS, A10-4054-TLS 08/18/201108/18/2011
This adversary proceeding to identify and require turnover of certain property alleged to be property of the estate is a core proceeding created by Title 11. It should not be dismissed for lack of subject-matter jurisdiction under Stern v. Marshall.
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Netal, Inc., Ch. 11, BK09-82992-TJM 08/15/201108/15/2011
Debtor’s Chapter 11 plan was denied confirmation for lack of feasibility, and the case was dismissed. Debtor’s motion to convert to Chapter 7 was denied because conversion would not be in the best interest of the secured creditor with a priority claim.
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Terry Ray Bain, Ch. 12, BK09-41473-TJM 08/15/201108/15/2011
Debtor’s fifth Chapter 12 plan lacked feasibility and was denied confirmation. Projected farm income exceeded actual historical figures, and debtor completely excluded one debt from the plan. The plan also did not comply with Local Rule 3015-1A.
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Illuminations, Inc., Ch. 7, BK10-42093-TJM 08/10/201108/10/2011
Debtor’s administrative expense application for post-petition rent owed to its landlord was denied because the motion should have been filed by the landlord, and because there was no evidence of the “actual necessary cost of preserving the estate.”
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Gregg & Julie Carstens v. GMAC Mortgage, LLC (In re Carstens), Ch. 13, BK10-83693-TJM, A11-8054-TJM 08/09/201108/09/2011
An unsecured junior lien on debtor’s residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The bankruptcy court’s Sanders decision, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
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Richard & Christine Lind, Ch. 11, BK09-82915-TLS 08/09/201108/09/2011
The creditor’s lien on the debtors’ real property attached to the proceeds upon the sale of the property. The creditor’s amended claim was disallowed to the extent it included an amount for real estate taxes disbursed after the property had been sold.
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Benjamin Nichelson v. Lori Malcom (In re Malcom), Ch. 7, BK10-43769-TLS, A11-4020-TLS 08/03/201108/03/2011
The debtor’s separate non-marital obligation as determined in the parties’ divorce decree is non-dischargeable under § 523(a)(15) because the relevant obligation isn’t the actual debt but the spousal indemnification provided for in the decree.
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TMS Equip., LLC v. Volvo Equip. Rents, Inc. (In re TMS Equip., LLC), Ch. 11, BK10-81001-TJM, A11-8056-TJM 08/02/201108/02/2011
The court denied debtor’s motion to enjoin a creditor from exercising its remedies, and dismissed the case. Debtor was unable to prove the likelihood of success on the merits. The public interest factor and balance of harm factor favored the creditor.
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Rick D. Lange, Chapter 7 Trustee v. State Farm Bank, F.S.B. (In re Craig Billesbach), Ch. 7, BK10-43560-TLS, A11-4026-TLS 07/29/201107/29/2011
The refinancing lender’s security interest was unperfected because it was not noted on the vehicle’s certificate of title until more than 30 days after transfer. Neither earmarking nor contemporaneous exchange for new value were viable defenses.