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Opinions

United States Courts Opinions

United States Courts Opinions (USCOURTS) collection is a collaborative effort between the U.S. Government Publishing Office (GPO) and the Administrative Office of the United States Courts (AOUSC) to provide public access to opinions from selected United States appellate, district, and bankruptcy courts.

The District of Nebraska offers a database of opinions for the years 1997 to current, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.

A creditor filed a mechanic's lien against real estate owned by the debtor for work performed for a separate debtor. On an objection to claim, the court found the debtors did not have an agency relationship and the mechanic's lien was therefore invalid

A creditor filed a mechanic's lien against real estate owned by the debtor for work performed for a separate debtor. On an objection to claim, the court found the debtors did not have an agency relationship and the mechanic's lien was therefore invalid

While a state court fraud judgment in debtor's favor collaterally estops relitigation of the issue in the context of §§ 523 or 727, the court may consider whether the fraud was "actual" as required under § 523(a)(2)(A), as well as whether § 707 applies

In Chapter 12 plans, excess disposable income must be paid toward unsecured claims, not secured claims. Also, a debtor may sell the secured offspring of livestock collateral to fund the reorganization, but the creditor's interest must be protected

Because objections under § 523 and § 727 contemplate different standards of conduct with regard to intent, the litigation of the debtor's intent in a prior § 727 proceeding does not bar the raising of that issue in a subsequent proceeding under § 523

A sale of substantially all of the debtor's assets to a ready, willing, and able buyer was approved over two other, possibly higher, offers because the competing buyers did not yet have the required licenses & approvals to operate the debtor's business

The court ruled against the plaintiff debtors in a fraudulent transfer action against a lender that sold their real estate at a trust deed sale, finding that the $30,000 sales price was reasonably equivalent to the fair market value of $35,000 to $40,000

The court denied the lender's motion to dismiss or convert, finding the debtors' actions were undertaken to keep the farm operating and were not fraudulent or gross mismanagement. The court also suggested the debtors would be better off in Chapter 11

The court dismissed the debtors' bankruptcy case pursuant to § 1112(b)(1) because there was (a) negative cash flow throughout the life of the case, (b) continuing loss to and diminution of the estate, and (c) no reasonable likelihood of rehabilitation

On appeal, the district court affirmed the bankruptcy court ruling that the debtor couldn't have a Chapter 11 case and a Chapter 13 case pending at the same time. Moreover, the debtor wasn't eligible for Chapter 13 and couldn't convert the Chapter 11 to 1

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