Court overruled secured creditor's objection to Chap. 13 plan, holding that the debtors need pay only the allowed amount of the claim (the fair market value of the collateral), rather than the full amount owed on the finance company's recourse obligation
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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.
Court held that Chapter 13 plan must be amended to provide for cure of mortgage default within statutory three-year period. Lender's refusal of one delinquent payment was not a waiver of its right to receive delinquent payments and late payment charges
Action to determine rights of parties to funds. Court held that security agreements do not attach to new funds generated by debtor-in-possession pursuant to a post-petition contract unless parties agree. Funds should be retained by debtor-in-possession
Reported at 6 B.R. 899. A debtor who wants to redeem property should pay the creditor the replacement value of the collateral. Replacement value generally equals the retail value of the item less costs such as dealer overhead, sales commissions, & profit
Parties' cross-motions for summary judgement were denied because factual questions existed regarding the ownership of copper under the copper contracts at issue in the lawsuit. The defendants claimed an ownership interest rather than a security interest.
Two steel buildings bolted to concrete foundations could not be moved without damage and therefore are fixtures. It was necessary to file financing statements with Registrar of Deeds, rather than with County Clerk, to perfect security interests in them
Bankruptcy court refused to grant relief from the automatic stay to permit creditors to proceed with litigation against debtor's officers concerning copper contracts. The court did so because the other lawsuit could adversely affect the bankruptcy case
In federal district court case in which union representing debtor's employees was attempting to recover under Neb. Wage Payment & Collection Act, any amount assessed for the school fund would probably be non-dischargeable under 11 U.S.C. sec. 523(a)(7)
Debtor didn't participate in the trial to determine dischargeability under sec. 523(a)(6). The evidence was undisputed that debtor participated in an intentional assault on the plaintiffs. They were awarded a non-dischargeable judgment for their damages
Debtor reopened case to enforce settlement agreement. Parties disputed whether creditor's bank account should have been debited (& amount owed by debtor increased) when an improper deposit was withdrawn & turned over to debtor. Court ruled against debtor