Reversed at 447 B.R. 597. Bank's deeds of trust were notarized by the brother-in-law of the debtor's member who executed the documents for the debtor. Under Nebraska law, the documents were improperly acknowledged, not lawfully recorded, and void.
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Because the landlord materially breached the lease by allowing a competing business to operate near debtor's business, despite specifically negotiated language restricting the use of the premises, the debtor had the right to terminate the lease.
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.
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)