A debtor filed a preference action against her husband, also a debtor in a separate case. However, the parties agreed that the movant did not owe an antecedent debt to the defendant, so there was no basis for the preference action.
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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 appointment of a Chapter 11 trustee under § 1104(a)(2) was in the best interests of the debtor's limited partners, as it would permit them access to the debtor's books and records and allow them to negotiate with creditors to save their investment.
The creditor could present evidence of its claims of conversion of assets as part of the plan confirmation litigation in bankruptcy, so the creditor did not need relief from the stay to move forward on state court litigation concerning the same issue.
On a confirmation objection to debtor's housing expense, the court declined to interfere with such personal decisions absent an extraordinary reason to do so. Plan feasibility was not an issue, so there was no reason to second-guess expenditures.
The more specific medical lien statute, Neb. Rev. Stat. § 52-401, takes precedence over the general exemption statute, Neb. Rev. Stat. § 25-1563.02, so the medical provider's lien defeats the debtors' claim of exemption in personal injury proceeds.
Creditor's objections to discharge under section 727(a)(2), (a)(4), and (a)(5) were denied. Although debtor's sale of cattle to his son was not documented, both parties -- as well as the son's lender -- treated the cattle as belonging to the son.
The court granted relief from the stay because the claim of the deed of trust holder on the debtor's residence matured pre-petition, so any attempt to alter terms of payment via a plan would amount to a modification which is prohibited by § 1322(b)(2).
The court denied summary judgment because a fact question existed as to (1) whether the debtor's purchase of a trailer leased by the seller was in good faith as a buyer in the ordinary course of business, and (2) what property rights the debtor obtained.
In a case ancillary to a foreign liquidation proceedings, the bankruptcy court permitted this adversary proceeding to be stayed pending arbitration concerning an actuarial analysis of the debtor. The parties disagreed on the scope of the arbitration, but the court ruled it was up to the arbitrators, not the bankruptcy court, to determine the scope of their jurisdiction.
The application for attorney compensation denied because lien priority had not been established for two creditors. Also denied creditor's objection that the money was theirs because they were only creditor to appeal a ruling in another's favor.