The Chapter 11 farm debtors were denied confirmation of their plan; it was not feasible and it violated § 1129(b)(2)(B). In addition, the creditor did not hold a security interest in government farm program commodity certificates paid to the debtors
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Sovereign immunity protected the United States and the State of Kansas from the plaintiff's complaint for conversion, and neither party had waived immunity under § 505 or § 106, so the bankruptcy court lacked subject matter jurisdiction over them
The debtors' appeal was interlocutory. The appeal concerned matters, such as adequate protection and participation in farm programs, that were not final because the underlying disputes were not finally resolved.
Under Rule 9006, a complaint was filed out of time. A prior order said time would begin to run when requested discovery documents were received, so a letter notifying plaintiff that all such discovery had already been provided started the clock running
On appeal, the district court affirmed the bankruptcy court's decision as to the appropriate interest rate for allowed secured claims in Chapter 12. The district court also affirmed the confirmation order over objections to valuation & feasibility
Debtors may use cash collateral to plant crops, to the extent of the adequate protection value available through crop insurance & marketing contracts. However, risks to the creditor are too high to permit cash collateral to be used to buy feeder calves
On appeal, the district court affirmed the bankruptcy court's order denying confirmation of the debtors' amended post-confirmation plan, because the amendment appeared to be an attempt to improperly discharge certain unsecured deficiency debt.
An unexpired oral lease became property of the lessee's bankruptcy estate and, because it wasn't assumed, was deemed rejected even though the lessee continued to perform. In addition, the lessor gave proper notice of termination under Nebraska law.
Reported at 101 B.R. 128. Debtor, as company owner, president, & chief operating officer, was "responsible party" for non-payment of payroll taxes, and, because funds that could have been used for taxes went to pay other debts, his conduct was willful.
Objections to counsel's fee application were sustained for services that were of no benefit to the estate, such as filing the case in the wrong venue & twice traveling to confirmation hearings when it should have been clear the plans weren't confirmable