Chapter 12 creditor's motion to sequester rents and profits was denied because the creditor did not have a perfected security interest in crops or crop proceeds under the UCC or under Neb. Rev. Stat. sections 52-1701 throught -1708
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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.
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Creditor failed to file objection to discharge within 60 days after the first date for the section 341 meeting, so this lawsuit was untimely. The creditor had timely knowledge of debtors' potential wrongdoing, so there was no reason to enlarge Rule time
Chapter 13 debtors were not entitled to a discharge under section 1328 after making all plan payments because the plan payments were insufficient to pay IRS priority claim in full. Debtors were given additional time to complete payment of the IRS claim
Extensive discussion of the type of information necessary for a plan and disclosure statement to comply with 11 USC section 1125 and section 1129
The debtor's employment was terminated several months after he filed bankruptcy, but the employer had valid business reasons, unrelated to the bankruptcy, for doing so. The employer's actions did not violate 11 U.S.C. section 525(b)
The parties had a bank card processing agreement, which in a previous order, was held to be assumable. The debtor sought to enforce payment terms under the contract, but it failed to show a threat of irreparable harm, so its motion for TRO was denied
Married debtor filing bankruptcy by himself may not claim both a homestead exemption and a section 25-1552 "in lieu of homestead" exemption. The available funds from the disallowed exemption should go to unsecured creditors through the Chapter 13 plan
A contract consisting of a stock sale agreement and assignment of contract, secured by a deed of trust, was not ambiguous, and therefore reference to parol evidence to gauge the intent of the parties at the time of making the agreement was unnecessary
Mortgage creditors' motion for relief was denied. The court's prior order did not change the payment due date, and debtor was current on her payments. Sanctions will be imposed if the creditors file a motion for relief without a valid basis for doing so
Debtor developed & marketed bank cards. A customer attempted to terminate their agreement, so debtor moved to assume the contract. The court permitted assumption, as it was not a personal services contract & debtor adequately assured future performance