A state court judgment regarding breach of a lease was entered post-petition against a partnership involving the debtor. The automatic stay does not extend to the partnership, so the judgment is valid and enforceable and can be pursued in state court.
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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.
Discovery obligations of the debtor and its officers, as part of a pre-petition lawsuit against the debtor, are a continuation of a pre-petition action and are automatically stayed by 11 U.S.C. section 362(a).
These debtors have the ability to pay some debts from future income, so the U.S. Trustee's motion to dismiss under 11 U.S.C. section 707(b) is granted. No bright-line rule is necessary; the ability to fund a Chapter 13 plan is the determinative factor.
Debtor filed adversary proceeding alleging that a California state court wrongfully directed the Office of Personnel Management to pay certain of his retirement funds to his ex-wife. Lack of subject-matter jurisdiction required dismissal of some counts
Chapter 11 plan confirmed over shareholder's objection. The plan eliminates his shareholder interest because the debtor is insolvent and that interest no longer has value on either a liquidation basis or a going-concern basis
Debtor transferred his interest in real estate to his wife in a previous bankruptcy case. As a result, he holds no legal or equitable interest in the property which could be considered property of the estate in this case; automatic stay doesn't apply
Debtor filed this adversary proceeding to discharge federal & state tax liabilities. Taxes for which debtor did not file a return are non-dischargeable as a matter of law; the decision contains an extensive discussion of what constitutes a tax return
Former creditor filed adversary proceeding seeking turnover of debtor's patent interests as property of the estate. A non-creditor does not have standing to bring an adversary proceeding. A creditor or other interested party may do so, with permission.
Deed of trust that was security for a stated debt of $1,100 rather than the full debt of $11,000 was the result of mutual mistake and could be reformed under Nebraska law to reflect the parties' intent
Contractor, although an innocent party, had no equitable lien on funds held by the project lender after the project owner defaulted, because there was no legal basis for giving a construction lien claimant priority over the holder of first mortgage