The debtor is a securities broker/dealer. In arbitration involving certain employees to establish “control person liability,” the employees are entitled to automatic stay protection under § 362(a)(3) due to their close identity with the debtor.
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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QA3 Fin'l Corp., Ch. 11, BK11-80297-TJM 07/07/201107/07/2011
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Joseph Badami v. Sears Cattle Co. and Robert A. Sears (In re AFY, Inc.), Ch. 7, BK10-40875-TLS, A10-4062-TLS, A10-4063-TLS 07/06/201107/06/2011
Trial evidence established that a scheduled debt was an account receivable due from a related entity. The non-debtor joint seller of real estate was not sanctioned because the seller did attempt to execute the sale documents by the court’s deadline.
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QA3 Fin'l Corp., Ch. 11, BK80297-TJM 07/01/201107/01/2011
An insurer who filed a pre-petition declaratory judgment action against the debtor in New York could obtain relief from the automatic stay for cause to move forward with that lawsuit because it involves non-core state law contract interpretation.
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David Spry v. Great Western Bank (In re Spry), Ch. 13, BK10-83448-TJM, A11-8046-TJM, A11-8047-TJM 06/29/201106/29/2011
The debtor lacked sufficient equity in his home to secure any part of the second and third liens on the property. Under Nobelman v. American Savings Bank and In re Sanders, the Chapter 13 plan may modify the lienholder's rights and strip off the liens.
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Solis v. White Farms Trucking, Inc. (In re White Farms Trucking, Inc.), Ch. 11, BK10-43797 06/28/201106/28/2011
The Secretary of Labor filed this minimum-wage lawsuit in federal district court. When a defendant filed bankruptcy, the lawsuit came to bankruptcy court. Because it involves an exercise of regulatory powers, it should be heard in district court.
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TMS Equip., LLC v. Volvo Constr. Equip. Rents, Inc. (In re TMS Equip., LLC), Ch. 11, BK10-81001-TJM, A11-8056-TJM 06/24/201106/24/2011
Debtor’s request for TRO to prevent a creditor from enforcing an order for stay relief was denied because success on the merits was questionable and because the public interest would be harmed if contracts and court orders weren’t reliably enforced.
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Rick D. Lange, Chapter 7 Trustee v. Mutual of Omaha Bank (In re Negus-Sons, Inc.), Ch. 7, BK09-82518-TJM, A10-8064-TJM 06/20/201106/20/2011
The holder of a blanket lien on assets authorized a subsequent lender to file U.C.C. termination statements which rendered its financing statements ineffective and caused it to lose its lien priority vis-à-vis the trustee and junior lienholders.
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Julie A. Vodicka v. Mark Edward Vodicka (In re Mark E. Vodicka), Ch. 7, BK10-82357-TJM, A10-8068-TJM 06/09/201106/09/2011
A temporary order in the parties’ marital dissolution case directed debtor to pay a portion of the children’s medical and daycare expenses and half the cost of a custody evaluation. Those amounts are in the nature of support and are not dischargeable.
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AFY, Inc., Ch. 7, BK10-40875-TLS 06/08/201106/08/2011
Claim for damages for delay in closing real estate sale was denied because the trustee timely assumed the contract and acted promptly to complete closing. A proof of claim on a stock sale was prima facie valid, with no substantial evidence to rebut it.
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Crossroads Ford, Inc., Ch. 11, BK10-41918-TJM 06/03/201106/03/2011
The solvent debtor’s Chapter 11 plan was not confirmed because, inter alia, it contained inconsistencies regarding impaired claims, it did not comport with a B.A.P. decision in the case, and it did not provide for post-petition interest on claims.