The creditor violated the automatic stay by filing a state court fraudulent conveyance action against pre-petition transferees of the debtors' property. The lawsuit was an attempt to recover on the creditor's claim, in violation of § 362(a)(6)
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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.
For purposes of a Chapter 12 plan, the valuation date is the confirmation date. The Wichmann rate is the appropriate interest rate. Its 2% risk factor takes operating costs into consideration without the necessity of an individual analysis in each case
The court dismissed debtors' Chapter 12 case because it had been filed to invoke the automatic stay that was lifted in their pending Chapter 7 case. The debtors hadn't shown any changed circumstances, so the second filing abused the bankruptcy process
Pursuant to § 348(a) and § 541(a)(5)(A), an inheritance acquired by a debtor more than 180 days after the original Chapter 11 petition date, but fewer than 180 days after the date the case was converted to Chapter 7, is not property of the bankruptcy esta
The dollar value of property that may be claimed as exempt under state law is the statutory amount in effect on the petition date, rather than the amount listed in the statute that was in effect at the time the parties entered into their security agreemen
On appeal, the district court affirmed the confirmation of the debtor's Chapter 11 plan, finding that even though the debtor's equity interest class was impaired, the plan did not discriminate unfairly and was fair and equitable to the impaired class
A Chapter 12 debtor may, within statutory constraints, make the business decisions necessary to reorganize for the debtor's benefit. The debtor is not obligated to consider whether those decisions will maximize returns for a particular creditor
The court denied debtors' motion to avoid a lien on an annuity assigned to a creditor. The assignment rendered the annuity non-exempt, so the lien didn't impair an exemption. Also, the transfer occurred when the assignment was made, so § 547 didn't apply
Debtors who converted their case from Chapter 11 to Chapter 7 after stay relief was granted to the lienholder on their home were permitted to file amended schedules and to claim a general personal property exemption instead of a homestead exemption
The court was required to act on the involuntary Chapter 7 petition filed against the debtor, so the debtor's subsequent filing of a Chapter 11 petition, before the court entered an order in the Chapter 7, was insufficient to convert the case to Chapter 1