The court deferred ruling on a motion for relief from stay by a deed of trust holder in a single asset real estate case, pending the expiration of the statutory 90-day period for the debtor to file a plan with a reasonable possibility of being confirmed.
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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 court granted a vehicle lessor an administrative expense claim of one month's payment. The attorney fees and filing costs were denied because the debtor had previously notified the lessor she was rejecting the lease and surrendering the vehicle.
Creditor's claim for grain stored at the debtor's elevator should be reduced by the net amount recovered on his claim with the Nebraska Public Service Commission (i.e., the amount of his NPSC settlement less the attorney fees incurred to obtain it).
In the parties' divorce decree, the debtor was ordered to pay the second mortgage on the real estate she was awarded and to hold her former husband harmless on that debt. That obligation continued even though the mortgage turned out to be unperfected.
Reported at 435 B.R. 615. Debtor, as court-appointed conservator, acted in a fiduciary capacity. Her failure to account for use of the protected person's property was a defalcation of that duty, excepting the debt from discharge under § 523(a)(4).
The court accepted the valuations of personal injury claims against the Chapter 11 debtor, as recommended by an independent attorney, for use only in the bankruptcy case for purposes of voting on a plan and calculating distributions under the plan.
The debtors claimed a homestead exemption in adjoining townhomes, but the court disallowed it. The second unit was a separate and distinct residence with a separate legal description. It was investment property, not part of the debtor's homestead.
Because the debtor agreed to pay medical malpractice insurance premiums as part of its employee-claimant's compensation, the claim falls within the Supreme Court's broad interpretation of "employee benefit plan" and has priority under § 507(a)(5)
The court granted debtor's motion to assume a real estate lease and to lease the real and personal property on the premises to another entity to reopen a bowling alley. Assumption would be in the estate's best economic interest by bringing revenue in.
After a trial, the court found that the debtor knowingly and intentionally submitted false claims for payment through the Nebraska Medicaid program, and the false and fraudulent nature of her claims for payment excepted the debt from discharge pursuant to § 523(a)(2)(A). The court awarded damages as requested by the State, including double and treble damages under Nebraska law, and attorneys’ fees and costs. The court ruled that the debtor’s argument that the State’s claim for damages may duplicate some of what she had been ordered to pay as restitution in her criminal case lacked merit, as the statutory civil penalties and damages are legally separate and distinct from the criminal penalties that had been imposed.