On appeal, the district court affirmed the bankruptcy court's order regarding the relative priority of certain creditors. Nebraska law treats SID bondholders differently from warrantholders, so they may be classified separately for plan purposes
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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.
On appeal, the district court affirmed the bankruptcy court's finding that a creditor hadn't filed a proof of claim, as its motions for relief from stay and to prohibit the use/sale/lease of collateral could not be considered "informal" proofs of claim
On appeal, the district court affirmed several bankruptcy court orders arising from the debtor's default on her mortgage payments, which resulted in foreclosure. The debtor's attempt to challenge the court's factual findings was unsuccessful
On appeal, the district court affirmed the bankruptcy court's order overruling the debtor's objection to a claim. The issue of the validity of the underlying promissory note was barred by res judicata because it had previously been fully litigated
Because the court found that the debtors, with intent to defraud, gave false financial statements and transferred property, the debt was non-dischargeable under § 523(a)(2)(A) & (B), and the debtors were denied discharge under § 727(a)(2), (3), & (5)
The debtor trust was not a "business trust" and therefore was ineligible to be a debtor under Chapter 11. The trust's purpose was to preserve the trust res for the benefit of the grantor's children, rather than to carry on a business or commercial activit
On appeal, the district court affirmed an order granting relief from the stay for cause to a creditor whose interest was not adequately protected. The debtors had no equity in the property and did not show its necessity for an effective reorganization
The district court dismissed the debtor's appeal for lack of diligent prosecution in failing to file a brief in accordance with the court's scheduling order
The court considered the Eighth Circuit's Estus & Zellner factors regarding good faith in Chapter 13 cases in determining that a debtor's conversion of his case from Chapter 7 to Chapter 13 to avoid a non-dischargeability trial was not done in bad faith
The debtors' Chapter 12 plan was confirmed. Their previous Chapter 7 discharge didn't preclude them from utilizing Chapter 12. The plan included the appropriate interest rate – although the objecting creditor disagreed – and appeared to be feasible