The bankruptcy court dismissed this Chapter 11 case upon finding on its own motion, after a hearing, that an inter vivos trust had all the characteristics of a family trust and few, if any, of a business trust, and therefore was not eligible to be a debto
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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.
Because the debtor held himself out to the bank, and other entities he did business with, as sole owner of all personal property he pledged to the bank as collateral, his non-debtor spouse cannot belatedly claim an ownership interest in that property
Because the bankruptcy court in this district has no jurisdiction to enter orders finding criminal contempt, it denied as frivolous debtor's motion for a court-funded transcript with which to appeal an order denying his motion for criminal contempt
The court retroactively approved employment of an accounting firm for work done for the Chapter 11 debtor prior to the case's conversion, but denied its employment & fees as a management consultant because no need for such services was demonstrated.
District court affirmed the bankruptcy court's decision that the creditor purchased debtor's farm products subject to the bank's security interest & that the proper limitations statute for conversion was 18 months under Neb. Rev. Stat. § 25-205(2)
For purposes of a Chapter 13 plan, collateral should be valued as of the petition date because local and Eighth Circuit precedent establishes the petition date as the most relevant date for determining the respective rights of debtors and creditors
The court denied Chapter 11 trustee's request to employ former counsel for debtor as counsel for trustee, reasoning that § 327(e), by allowing trustee's employment of debtor's attorney for special purpose, prohibits employment for any other purpose
Consolidated hearing on debtor's motions to use cash collateral and for security determination, and creditor's motions for trustee and relief from stay. Creditor is secured, but motion for relief from stay denied. Debtor's motion to use cash denied
Consolidated hearing on debtor's motions to use cash collateral and for security determination, and creditor's motions for trustee and relief from stay. Creditor is secured, but motion for relief from stay denied. Debtor's motion to use cash denied
On appeal, the district court reversed the bankruptcy court, finding the admin. expenses incurred – including penalties & interest on payroll taxes – benefitted the secured creditor and should be paid from the proceeds of the creditor's collateral