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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.

On appeal, the district court affirmed the avoidance of debtor's fraudulent transfer of an asset as done with intent to hinder/delay/defraud creditors, & ruled the transferee cannot have a lien on the asset because she did not receive it in good faith

Student loan creditor objected to debtor's Chapter 13 plan, arguing that the case was filed only to discharge student loan debt. The court confirmed the plan, finding that it was filed in good faith & the debtor was paying all his disposable income into i

Debtor had too much unsecured debt to be a Chapter 13 debtor; this was evident in his petition and schedules. It is unclear why no one objected prior to confirmation, but the question of eligibility is a jurisdictional issue which may be raised at any tim

Reported at 62 B.R. 718. The court granted relief from the automatic stay to a creditor for cause under § 362(d)(1) because debtor failed to pay its taxes, failed to pay withholding taxes, and failed to disclose the existence of a corporate bank account

Third-party creditors' objections to the compromise of a preference action should be set for trial to take evidence on the parties' intentions as to the allegedly preferential rent payments and whether the payments were really on an antecedent debt

On appeal, the district court reversed the bankruptcy court's decision to dismiss a complaint to bar discharge in debtors' Chapter 7 case; the prior dismissal of a similar complaint in debtors' Chapter 11 case was not res judicata in the subsequent case

Reported at 62 B.R. 65. Payroll taxes, wages, & attorney fees incurred during the debtor's pre-liquidation operation of its business provided benefit to the estate and should be paid from the secured creditor's collateral as administrative expenses

On appeal, the district court reversed the bankruptcy court, ruling that the bankruptcy court abused its discretion in entering default judgment against the government and discharging the debtors' taxes without considering the merits of the case

Reported at 61 B.R. 671. The lender holds a continuing security interest, under § 552, in post-petition cuttings of alfalfa planted pre-petition, because the subsequent cuttings are "the natural increase and products" of the original secured crop

Reported at 63 B.R. 140. This decision rectified the inconsistent local practice at the time concerning claims allowance in Chapter 13 cases, and established the procedure whereby claims are allowed as filed unless objected to by the trustee or debtor

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