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
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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.
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
Reported at 53 B.R. 366. A lawyer or law firm who is a pre-petition creditor is not a disinterested person under the Bankruptcy Code and therefore may not represent a debtor in bankruptcy. Accordingly, compensation for debtors' counsel was disallowed
District court reversed the bankruptcy court's dismissal on the basis of eligibility for Chapter 13 relief. Disputed debts are included in the § 109(e) calculation, but a debt subject to set-off in an amount acknowledged by both parties isn't disputed
After a stipulation on a motion for stay relief was repudiated, a hearing was held to determine debtors' equity in the property, their need for the property in an effective reorganization, and their ability to adequately protect the lender's interest
The district court affirmed the bankruptcy court's order granting relief from the stay, finding that the secured creditor was not adequately protected and the debtor had not been able to establish a realistic prospect of a successful reorganization
Court ordered trustee to abandon real estate to the contract seller. The amount owed exceeded the land value, and it was leased to a tenant. To assume the lease & rents, the trustee would have to cure the contract default, which wouldn't benefit the estat
The court granted stay relief to a lender with a security interest in the debtors' grain, livestock, equipment, and real estate. The debtors had no equity in the collateral and presented no evidence that it was necessary to an effective reorganization
The district court reversed the bankruptcy court's denial of a compromise in a preference action between the trustee and a secured lender. The bankruptcy court should have taken evidence on whether the compromise was in the best interest of the estate