On appeal, the district court affirmed the bankruptcy court, finding creditor's mechanic's lien invalid because the creditor contracted with a separate entity and didn't have a contract with the owner of the real estate upon which the lien was placed
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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 found that the ASCS/CCC violated § 525(a) by calling the debtors' loan in retaliation for the discharge of the creditor's unsecured claim. The creditor had not objected to the terms of the confirmed Chapter 12 plan & therefore was bound by them
A debtor's bankruptcy did not preclude a creditor from pursuing collection attempts against non-bankruptcy debtors. This debtor's Chapter 12 plan was not feasible because it relied too heavily on labor and management input from her non-debtor son
The government's request to pursue a civil fraud action against debtor was solely for pecuniary advantage and thus didn't fall under the "police and regulatory power" exception of § 362(b)(4). Moreover, no cause for stay relief existed under § 362(d)
A debtor-landlord's crop share rental arrangement may satisfy the "farming operation" requirement of Chap. 12, but a corporate farm debtor's majority owners must be human, not corporate, to be considered a "family farmer" under the Bankruptcy Code
Any damages arising from the debtors' alleged breach of fiduciary duty – a tort claim – would constitute a contingent, unliquidated debt, which is not included in the § 109(e) debt computation when considering eligibility for relief under Chapter 13
A pre-petition consent judgment which compromised and settled the parties' state court replevin action and all matters arising from it included the lender's right to pursue a deficiency judgment, so that part of the bankruptcy claim was disallowed.
The district court affirmed the bankruptcy court's ruling that the creditor car dealer's interest was adequately protected, there was equity in the vehicle, and it was necessary to the reorganization, so no cause existed to grant relief from the stay
On appeal, the district court affirmed the bankruptcy court's decision finding that, in a fraudulent transfer action, a sales price that was equivalent to 75% to 80% of the property's fair market value was reasonably equivalent for purposes of § 548
Federal regulations overrode state-law security interests and exempted the debtors' Commodity Credit Corporation ("CCC") certificates, and any proceeds thereof, from the lender's security interest in the debtors' contract rights and accounts