The lessee of personal property owned by debtor was found to be in contempt for refusing to turn the property over to the debtor in possession and the secured creditors, & was subject to monetary sanctions if the property was not immediately returned.
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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White Farms Trucking, Inc., Ch. 11, BK10-43797 04/15/201104/15/2011
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Craig Carrier Corp., LLC, Ch. 11, BK10-43798-TJM 04/15/201104/15/2011
The debtor in possession leased trucking units to a company that did not comply with a court order to turn the property over. One of the secured creditors sought and was granted authority to take steps to protect & obtain its collateral from the lessee.
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Craig Carrier Corp., LLC, Ch. 11, BK10-43798-TJM 04/15/201104/15/2011
Debtor in possession leased trucking units to a company which did not comply with an order to turn over the property. The court authorized the owner of the debtor in possession to contact the drivers and take necessary steps to repossess the property.
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Craig Carrier Corp., LLC, Ch. 11, BK10-43798-TJM 04/15/201104/15/2011
The lessee of personal property owned by debtor was found to be in contempt for refusing to turn the property over to the debtor in possession and the secured creditors, & was subject to monetary sanctions if the property was not immediately returned.
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White Farms Trucking, Inc., Ch. 11, BK10-43797 04/14/201104/14/2011
The debtor in possession leased trucking units to a company that did not comply with a court order to turn the property over. One of the secured creditors sought and was granted authority to take steps to protect & obtain its collateral from the lessee.
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White Farms Trucking, Inc., Ch. 11, 10-43797 04/14/201104/14/2011
Debtor in possession leased trucking units to a company which did not comply with an order to turn over the property. The court authorized the owner of the debtor in possession to contact the drivers and take necessary steps to repossess the property.
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Omaha Joint Elec. Apprenticeship Training Comm. v. John Wesley Stephens (In re Stephens), Ch. 7, BK10-81870-TLS, A10-8056-TLS 04/12/201104/12/2011
A trade union advanced funds to debtor for training. The loan became due when the debtor took a non-union job. Because debtor’s household expenses exceeded income, repayment would be an undue hardship, so the loan is dischargeable under § 523(a)(8).
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Daniel H. Dunn v. Julianne Dunn Herzog (In re Julianne Dunn), Ch. 13, BK10-82876-TLS, A11-8002-TLS 04/12/201104/12/2011
The court should abstain from hearing, and remand, a lawsuit removed from state court by the debtor, because the lawsuit did not involve core proceedings but concerned only state law issues. Once liquidated, the claim may be dealt with in bankruptcy court
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Donald & Marcee Pedersen, Ch. 11, BK10-83133-TJM (Apr. 11, 2011) 04/11/201104/11/2011
For purposes of Neb. Rev. Stat. § 40-102, a wife who jointly owns the family home with her husband and jointly files a bankruptcy petition with him is deemed to consent to the selection of a portion of the homestead exemption from her property.
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James W. Huntington v. Donald H. Pedersen (In re Pedersen), Ch. 11, BK10-83133-TJM, A11-8009-TJM 04/05/201104/05/2011
Because the non-dischargeability complaint mainly involved state law causes of action, the court abstained to allow the parties to liquidate the claim in state court, and would determine dischargeability after the state court judgment was entered.