Under the circumstances, land contracts to be transferred as partial payment of certain claims should be valued at their face value. Wichmann should not be applied when the resulting discount rate would be lower than the rate proposed by either party
You are here
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.
Under § 1225(a)(5)(B)(i), the debtor's plan cannot substitute or reduce a creditor's collateral over objection. However, the court can use its equitable power to cut off a security interest in post-petition property to help the debtor reorganize
Shortly before filing bankruptcy, the debtors used their home as collateral for a loan to purchase an annuity for the full amount of the home's equity. The court denied an exemption for the annuity, ruling that it had been obtained with fraudulent intent
The evidence supported a finding that the debtor-wife jointly owned all property used in the couple's farming operation, and her awareness of and acquiescence in the debtor-husband's pledge of the property as collateral encumbered her share as well
When the parties divorced, debtor's assumption of responsibility for and hold-harmless agreement concerning a joint promissory note was simply part of the property division. It was not a debt for alimony, maintenance, or support and was discharged
A default judgment against the debtor in a personal injury lawsuit was non-dischargeable under § 523(a)(6) because the debtor deliberately, intentionally, willfully and maliciously operated his vehicle without purchasing liability insurance
In a priority dispute between a mortgage lienholder and the debtor's attorneys regarding their respective rights to certain crop proceeds, the mortgage holder's lien would be subject to the attorneys' lien if the attorneys could prove up their lien
The court allowed interim legal & professional fees to be paid immediately, over objection of an administrative expense creditor holding a claim for rent, because there were funds available for the professional fees but not for other admin. expenses
On appeal, the district court affirmed the denial of confirmation of the debtors' Chapter 11 plan because the proposal to pay the creditor's unsecured claim over time with no interest was not fair and equitable, & it violated the absolute priority rule
On appeal, the district court affirmed the order denying a creditor's motion for relief from stay, but noted that while the debtor carried her burden of proof as of the date of the hearing, circumstances at the time of the appeal may have warranted relief