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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  • 01/06/2016
    Premier Bank v. Tina C. Poole (In re Poole), Ch. 7, BK15-80234, A15-8025 (Jan. 6, 2016) 01/06/2016

    The court is unable to determine whether or not the defendant in a § 523(a)(2)(B) dischargeability proceeding is entitled to summary judgment because the movant failed to submit any evidence in support of the motion.

  • 12/18/2015
    Ron Ross, Chap. 11 trustee v. Scott A. Buckles (In re Skyline Manor, Inc.), Ch. 11, BK14-80934, A15-8035 (Dec. 18, 2015) 12/18/2015

    Venue for a trustee’s adversary proceeding to avoid allegedly fraudulent transfers was appropriate in the district in which the bankruptcy case was filed. The out-of-state defendants had moved to dismiss, arguing that 28 U.S.C. § 1409(b) requires such lawsuits to be brought in the defendants’ home district, but the court denied that motion, noting that § 1409(b) addresses only proceedings “arising in” or “related to” a bankruptcy case and fraudulent transfer avoidance actions “arise under” the Bankruptcy Code.

  • 12/04/2015
    Karsten Gering, LLC, Ch. 7, BK15-40935 (Dec. 4, 2015) 12/04/2015

    The debtor’s managing member and guarantor of its debt objected to the manner in which the primary secured creditor disposed of the debtor’s assets. The movant objected to the creditor’s proof of claim, arguing that the disposition was not commercially reasonable because the assets were not offered to industry buyers and because the creditor ignored the movant’s competing bid and the possibility of an even higher third-party bid. The court determined that the validity and amount of claim as of the petition date were not in dispute, but the movant was contesting the amount of the claim in light of post-petition events. The court ruled that the matter should be heard as an adversary proceeding and deferred the claim objection pending the outcome of the adversary proceeding.

  • 11/09/2015
    Thomas Michael Gurney & Mary Teresa Gurney, Ch. 13, BK15-80480 (Nov. 9, 2015) 11/09/2015

    The debtors moved to avoid a judicial lien which impaired their homestead exemption. Under the § 522(f)(2) formula, only a portion of the judicial lien actually impaired the exemption and was subject to avoidance. Two other judicial liens on the property had already been avoided, so those liens were not part of the statutory calculation. The debtors were directed to file an amended post-confirmation plan to clarify how they would deal with the secured claim represented by the unavoided portion of the judicial lien.

  • 09/24/2015
    David Allen Kresl, Sr., and Angela Kresl v. Beneficial Nebraska, Inc. (In re Kresl), Ch. 13, BK12-80557, A15-8016 (Sept. 24, 2015) 09/24/2015

    The court granted summary judgment to the debtors, ordering that a wholly unsecured junior lien on the debtors’ residential real estate may be avoided after the debtors complete Chapter 13 plan payments.

  • 09/21/2015
    John Lee Osbourn & Cheryl Lynn Osbourn v. Wells Fargo Fin'l Bank (In re Osbourn), Ch. 13, BK12-80485, A15-8007 (Sept. 21, 2015) 09/21/2015

    The court granted summary judgment to the debtors, ordering that a wholly unsecured junior lien on the debtors’ residential real estate may be avoided after the debtors complete Chapter 13 plan payments.

  • 09/01/2015
    LeafProof Products, LLC, Ch. 11, BK15-80074 (Sept. 1, 2015) 09/01/2015

    The court approved a reduced amount of fees for debtor’s counsel after finding the requested fees to be excessive and unreasonable, with very little progress made or benefit provided to the estate during the eight months the case has been pending.

  • 08/28/2015
    Timothy A. Ferreyra v. State of Nebraska (In re Ferreyra), Ch. 13, BK08-81631, A14-8039 (Aug. 28, 2015) 08/28/2015

    In an adversary proceeding to determine whether a debt owed to the State of Nebraska, acting through the Department of Health and Human Services, was discharged in the debtor’s previous pre-BAPCPA Chapter 13 case, the State failed to meet its burden of proof by showing that the debt was one for support that had been assigned to the State. Accordingly, the debt did not fall within the discharge exception of § 523(a)(5) and it was discharged.

  • 08/18/2015
    Larry E. Young & Pamela Sue Young v. Green Tree Servicing, LLC (In re Young), Ch. 13, BK14-41518, A15-4016 (Aug. 18, 2015) 08/18/2015

    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 permits wholly unsecured liens to be stripped off.

  • 07/23/2015
    Teran L. Denton, Ch. 13, BK15-40452 (July 23, 2015) 07/23/2015

    The debtor objected to a lender’s claim in her Chapter 13 case because she believed she was no longer liable on the debt, as the debt and the property securing it had been awarded to her former spouse in their divorce, and she also believed that whatever liability she might have had on the debt had been discharged in her previous Chapter 7 case. However, she was still named on the promissory note and mortgage, and neither the debt nor the creditor was listed in the Chapter 7, so the debt was not discharged. Under Eighth Circuit law, the Chapter 7 case does not need to be reopened, but the creditor is entitled to file an adversary proceeding to determine the dischargeability of the debt.

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