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Opinions

United States Courts 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.

Reported at 62 B.R. 744. When a debtor is not in default pre-petition, a mortgage creditor cannot rely upon post-petition "defaults" to justify perfecting a security interest in rents and profits and obtain an order sequestering such rents and profits.

When a debtor is not in default pre-petition, a mortgage creditor cannot rely upon post-petition "defaults" to justify perfecting a security interest in rents and profits and obtain an order sequestering such rents and profits

In light of the confusion regarding removal statutes after the 1984 amendments to the Bankruptcy Reform Act were enacted, the court ruled that applications to remove a state court action to federal court may be filed directly with the bankruptcy court

Cause existed to grant stay relief to a creditor to obtain a state court judgment against the debtor, as Nebraska law prohibited the creditor from getting a judgment against an individual partner unless it first had a judgment against the partnership

Debtor's lease of irrigation equipment was held to be a true lease, and the lessor was entitled to an administrative expense claim for the rent & "use value" of the property – but not interest on the delinquent rent – until the lease was assumed or reject

Under § 553 and Nebraska law, an insurance broker holding unearned premiums to be refunded to the debtor/insured may recoup and set off those funds against amounts owed to it by the debtor. Any excess funds should be turned over to the bankruptcy trustee

Although seeing little likelihood of successful reorganization, the court ordered adequate protection payments while debtor prepared a plan & disclosure statement. The court denied, for lack of evidence, lender's claim for lost opportunity costs

The bankruptcy court dismissed for lack of jurisdiction the debtor-plaintiff's attempt to collaterally attack pre-petition state court proceedings which resulted in the debtor being removed from real property that had been sold at a sheriff's sale

On appeal, the district court affirmed the bankruptcy court's order lifting the automatic stay to permit a state court lawsuit against the debtor to go forward, finding elective abstention under 28 U.S.C. § 1334(c) as enacted in 1984 to be appropriate

Reported at 58 B.R. 667. By permitting debtor to use & sell collateral, lender waived right to enforce security interest, but the security interest didn't become unperfected nor was waiver cause for stay relief. Waiver also bound the FDIC as receiver

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