District court reversed the bankruptcy court's order, ruling that counsel's representation of a creditor, alternating with his representation of the creditors' committee, created a potential conflict of interest which precluded compensation
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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 district court reversed the bankruptcy court's dismissal of the case pursuant to § 1112(b)(1), remanding the matter to permit the bankruptcy court to take evidence on the issues of asset valuation and the reasonable likelihood of rehabilitation
Reported at 50 B.R. 23. Any debtor, including each debtor when filing a joint petition, may claim a $1,500 exemption under Neb. Rev. Stat. § 25-1556 in equipment and tools used for the support of the individual debtor or the debtor's family
Incomplete opinion – pages are missing. District court reversed bankruptcy court's order denying secured creditor's motion to sequester rents & profits. The creditor needn't first file a foreclosure action to protect its lien rights in bankruptcy
Reported at 50 B.R. 728. District court reversed bankruptcy court on secured creditor's right to rents, holding that creditor needn't have filed foreclosure action to preserve lien as bankruptcy court must protect substantive state-law lien rights
Reported at 49 B.R. 638. The district court reversed the bankruptcy court's denial of plan confirmation. For a defaulted and accelerated mortgage, a Chapter 13 plan may, under § 1322(b), decelerate the mortgage & reinstate original payment schedule
District court affirmed order denying relief from the stay. The bank wanted a receiver to take control of the debtors' assets, but the court noted that appointment of a bankruptcy trustee, if necessary, would adequately protect the bank's interest
The district court affirmed the ruling that the debtors' transfer of real estate to their daughter was fraudulent, but remanded to permit joinder of a co-owner as an indispensable party to determine the extent of the estate's interest in the property
The district court affirmed the bankruptcy court's decision under § 523(a)(2)(B) that a secured creditor's reliance solely on financial statements indicating that a partner's assets were being used to secure partnership debt was unreasonable
The district court affirmed the decision to sustain an involuntary petition. The interests of creditors should be balanced against those of the debtor in deciding whether disputed debts should be considered when weighing the elements of § 303(b)(1)