When the value of real estate is in dispute, the appraisal testimony submitted by each side should aid the court in fact-finding. Challenges to the opposing appraisal should focus on methodology and credibility, not personal attacks on the appraiser
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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.
Debtor signed "buy-out" documents with his employer a few hours after filing his Chapter 7 petition, so his right to receive payment upon ending his employment came into existence post-petition and therefore was not property of the bankruptcy estate
On appeal, the district court affirmed the bankruptcy court's order granting relief from the automatic stay for cause under § 362(d)(1) because the debtor did not insure the collateral, offer adequate protection, or file monthly operating reports.
The district court affirmed the decision to vacate an order converting debtor's Chapter 11 to a Chapter 13, finding that the debtor's state court appeal did not vacate the judgment and turn it into a contingent unliquidated debt for Chapter 13 purposes.
When debtors were unable to make a payment under their Chapter 11 plan, they filed Chapter 12 to forestall foreclosure. The court ruled that the case should proceed in Chapter 11. Debtors should have modified the plan instead of filing a new petition.
While an award of attorney fees in a marital dissolution action is often in the nature of support, the decision must be based on the facts of each case. Here, evidence of the parties' financial needs was insufficient to find the award non-dischargeable
Debtor's pre-petition payment to a vendor who supplied it with parts and service was not preferential because the evidence showed the payment was made in the ordinary course of business between the parties & between the vendor and its other customers
An unscheduled debt is not discharged when the creditor does not have timely notice or actual knowledge of the bankruptcy. Debtor can't reopen the case to add this debt to his schedules after assets have been distributed & the case has been administered.
The insurance provider for the debtor in possession & the trustee didn't have a valid claim because it had no insurance contract with the debtor or the trustee during the relevant time period, nor was the debtor's managing officer an agent of the trustee
Creditors' motion to dismiss was denied because debtors' circumstances changed between previous case and this one. Also, debtors' statutory redemption right became property of the estate, but land didn't, so buyers could take steps to obtain title