Reported at 61 B.R. 671. The lender holds a continuing security interest, under § 552, in post-petition cuttings of alfalfa planted pre-petition, because the subsequent cuttings are "the natural increase and products" of the original secured crop
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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.
Reported at 63 B.R. 140. This decision rectified the inconsistent local practice at the time concerning claims allowance in Chapter 13 cases, and established the procedure whereby claims are allowed as filed unless objected to by the trustee or debtor
Debtor sold cattle, which served as collateral under a security agreement, without authorization. This constituted a willful and malicious conversion of the creditor's property & resulted in the debt being excepted from discharge under § 523(a)(6)
Reported at 54 B.R. 910. The debtors' lack of disposable income – resulting from unremunerative employment and not from lack of effort – does not constitute an undue hardship, and therefore their student loans are not dischargeable under § 523(a)(8)(B)
Secured creditor obtained relief from stay on farmland after the court took evidence on value and found the creditor to be undersecured &, while the property was necessary to an effective reorganization, debtors hadn't provided adequate protection
On an adequate protection proposal, the court must establish the value of the secured creditor's interest; identify the risks to that value; & determine whether the proposal, consistent with indubitable equivalence, protects the value against risk
The court granted stay relief to two lien-holders in a parcel of real estate because they were not adequately protected. The property's value had declined since the petition date and taxes and interest had accrued, reducing the lien-holders' security
Reported at 54 B.R. 700. Debtor's Chapter 13 plan can't be confirmed over the objection of a student loan creditor because the debtor doesn't propose to apply all of his disposable income to the plan, so he can't establish good faith under Estus or § 1325
The bankruptcy court denied a creditor's motion to dismiss debtor's Chapter 13 petition for lack of good faith. Contrary to the creditor's argument, the evidence did not establish that the debtor failed to properly list assets or keep adequate records
The district court reversed an order of confirmation, ruling that the bankruptcy court, in evaluating whether "indubitable equivalence" adequately protected the objecting creditor's interest, did not adequately consider risks to that interest