The district court affirmed the ruling that the debtors' transfer of real estate to their daughter was fraudulent, but remanded to permit joinder of a co-owner as an indispensable party to determine the extent of the estate's interest in the property
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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 district court affirmed the bankruptcy court's decision under § 523(a)(2)(B) that a secured creditor's reliance solely on financial statements indicating that a partner's assets were being used to secure partnership debt was unreasonable
The district court affirmed the decision to sustain an involuntary petition. The interests of creditors should be balanced against those of the debtor in deciding whether disputed debts should be considered when weighing the elements of § 303(b)(1)
The district court affirmed an order denying stay relief under § 362(b)(4) for the State to go forward with the damages portion of a Consumer Protection Act lawsuit. This was ruled to be outside the scope of the "police or regulatory power" stay exemption
District court reversed order on plan confirmation, ruling that § 1126(c) excludes insiders' claims from a class when determining number and amount of acceptances. The case was remanded for consideration of additional objections to confirmation
The district court remanded with instructions to the bankruptcy court to make an evidentiary record in support of its factual findings regarding the nature of a particular claim & whether the holder of that claim could vote in favor of a Chapter 11 plan
The district court denied debtors' motion for stay pending appeal to forestall a state court replevin action filed by the bank after obtaining relief from the stay. The district court ruled that the debtors had not shown a likelihood of success on appeal
Reported at 54 B.R. 587. District court reversed bankruptcy court order regarding applicability of the automatic stay. The district court found that debtor's beneficial interest in spendthrift trust assets didn't constitute property of the estate.
The bankruptcy court supplemented an oral ruling on adequate protection by clarifying that the payments should not be limited to the past but should continue indefinitely into the future because the value of the collateral will continue to decline
The district court reversed the bankruptcy court's order granting relief from the automatic stay to a secured creditor, with directions to the bankruptcy court to set a new hearing at which to consider debtors' evidence regarding adequate protection