Court denied debtor's application to employ its pre-petition accountant, who is a creditor, as the DIP accountant because section 327(a) is clear that professionals who are not disinterested are disqualified from employment on behalf of the estate
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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.
When debtors attempted to discharge their state income tax liability, state objected because no amended return was filed. Debtors' testimony about mailing the return, without more, was insufficient to overcome the presumption that it was not received
Pursuant to 11 U.S.C. section 365(d)(3), sub-lessor is entitled to payment of post-petition rent as an administrative expense claim for the period from the petition date to the date the court approved debtor's rejection of the lease
Court reconsidered order denying debtors' post-confirmation plan modification, reversing itself and permitting modification, holding that compelling reasons existed in this case to deviate from enforcing the parties' negotiated plan provisions
Debtors moved to modify their confirmed plan when they realized they wouldn't be able to make upcoming annual payments. Court denied the motion, ruling that negotiated stipulations in a plan should be given effect and should not be unilaterally altered
Debtor's lease required it to pay real estate taxes as part of its rent obligation. When it failed to do so, lessor paid the taxes post-petition and claimed an administrative expense. Court allowed the administrative claim because it benefitted estate
Jury verdict that debtor made false representations was based on same elements & standard of proof as in section 523(a)(2)(A), so issue could not be revisited here. Benefit to debtor's company rather than debtor was sufficient for nondischargeability
Creditor's post-petition repossession of debtor's vehicle and refusal to return it until ordered to do so was a willful violation of the automatic stay, and was egregious enough to warrant imposition of sanctions in the form of punitive damages
Debtor filed bankruptcy just as City prepared to demolish one of his properties pursuant to a condemnation order. City's actions are excepted from the automatic stay under 362(b)(4). Debtor did not meet the Dataphase factors for a TRO to stop the City.
Debtors created a trust pre-petition, but did not complete transfer of corporate stock into it until after filing the bankruptcy case. They believed the stock had been transferred, & acted accordingly. Court found no fraud or concealment of assets