Debtor filed a voluntary Chapter 11 petition, effecting a conversion of the existing involuntary Chapter 7 case. The date of commencement relates back to the Chapter 7 filing date and the transfer at issue therefore was post-petition and not avoidable
You are here
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.
Debtor filed a voluntary Chapter 11 petition, effecting a conversion of the existing involuntary Chapter 7 case. The date of commencement relates back to the Chapter 7 filing date and the transfer at issue therefore was post-petition and not avoidable
In Chapter 7, the fair market value of real estate in which a homestead exemption is claimed is its liquidation value. A trustee should not sell such property if, after deducting costs, liens, & the exemption, the estate will receive little or no benefit.
Non-debtor wife's purported settlement agreement with bank to end bank's § 727 and § 523 lawsuit against debtor husband wasn't voidable for duress or rescindable based on wife's untimely performance, but was unenforceable for lack of consideration
A corporate debtor must be represented by counsel and cannot appear through or be represented by a non-attorney corporate officer and shareholder. Accordingly, stay relief – limited by the Agricultural Credit Act of 1987 – was granted to the creditor.
In the parties' dissolution of marriage action, the plaintiff was awarded attorney fees and costs from debtor. That judgment was "in the nature of support" because it allowed the plaintiff to obtain alimony, so it could not be discharged in bankruptcy
The court denied an application for administrative expense by a lessor of personal property. The lessor had terminated the leases pre-petition, although it did not take possession of the property, and should not be rewarded for sitting on its rights
Debtors' complaint was dismissed because judges are absolutely immune from suit for official acts, court-appointed receivers generally are immune from suit, & attorneys generally aren't liable to third parties for acts in their capacity as counsel.
On appeal, the district court reversed the bankruptcy court, holding that a motion is not a "responsive pleading" under federal procedural rules so defendant's Rule 12(b)(6) motion did not preclude an amended complaint under Fed. R. Civ. P. 15(a).
The debtors' conversion of non-exempt assets to exempt assets shortly before filing bankruptcy did not involve a fraudulent conveyance and showed no extrinsic evidence of fraud, so the objections to exemptions by creditor and trustee were overruled