Mortgage-holder's objection, for lack of consent, to debtors' intent to lease their real estate was overruled. Under sec. 541(c)(1)(A), debtors' interest in the property became property of the estate notwithstanding any restrictions on transfer
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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.
An insider's acceptance of a Chapter 11 plan is excluded when determining whether the class has accepted plan, but the insider's claim remains in the class for purposes of determining whether the requisite proportion of the class's claims have accepted
District court vacated bankruptcy court's award of compensation to debtor's counsel. The district court found the record didn't support the fees allowed because the bankruptcy court didn't indicate whether it had considered certain relevant factors
The district court awarded attorneys' fees & expenses to the appellees for the appeal because debtor-appellant unreasonably and vexatiously multiplied the proceedings. The appellees didn't request fees & expenses for the bankruptcy proceedings.
District court reversed a bankruptcy court order as to the right to proceeds of assets sold by the trustee. The district court found evidentiary support for the tribe's claim that it owned the equipment used by the debtor & was entitled to the sale procee
The debtor-plaintiffs did not meet their burden of proof in showing whether a small debt which the debtors repaid post-petition was incurred pre-petition or post-petition. If it was a post-petition extension of credit, repayment would not be improper
Secured lender sought post-petition rents and profits pursuant to an assignment in the security agreement. State law governs, and under Nebraska law, the funds belong to the debtor unless foreclosure has been initiated and a receiver has been appointed
Reported at 62 B.R. 744. When a debtor is not in default pre-petition, a mortgage creditor cannot rely upon post-petition "defaults" to justify perfecting a security interest in rents and profits and obtain an order sequestering such rents and profits
Debtor requested withdrawal of his pension funds and authorized their deposit into his credit union account. The deposit wasn't an assignment & didn't run afoul of anti-alienation laws. The credit union could set off the funds against debtor's loans
Debtor was co-guarantor on a bank loan. The bank could collect from debtor despite settling with the other guarantor & surrendering the promissory note. When the debt is fully paid, the co-guarantor's right to contribution from the debtor will mature