Opinions

The District of Nebraska offers a database of opinions for the years 1997 to 2011, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.

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  • 08/28/1985
    Mahloch Farms, Inc., Harvey & Alice Mahloch, Ch. 11, BK82-669, CV85-O-107 08/28/1985

    The district court reversed the bankruptcy court’s denial of a compromise in a preference action between the trustee and a secured lender. The bankruptcy court should have taken evidence on whether the compromise was in the best interest of the estate

  • 08/21/1985
    Ernest & Shirley Hall, Ch. 11, BK84-1848 08/21/1985

    Relief from the automatic stay was granted to a junior lienholder in real estate because the property was over-encumbered, interest was accruing, the lienholder’s collateral position was deteriorating, and debtors offered no adequate protection 

  • 08/08/1985
    Richard A. & Terri L. Gerber, Ch. 13, BK84-1627 08/08/1985

    Reported at 51 B.R. 526. Creditor repossessed and sold part of its collateral without notice to the debtors. Because of the notice violation, it may not seek a deficiency judgment, but its allowed secured claim should be provided for in the Chap. 13 plan 

  • 07/23/1985
    Jerry & Verna Dibbern, BK84-1202, Ch. 11 07/23/1985

    Proper adequate protection under § 363(e) for the use of collateral which is declining in value must be fully compensatory and must, as nearly as possible under the circumstances of the case, provide creditor with the value of his bargained-for rights

  • 07/19/1985
    Arthur & Melva Heim, Ch. 11, BK80-905, CV84-O-727 07/19/1985

    District court reversed the bankruptcy court’s order, ruling that counsel’s representation of a creditor, alternating with his representation of the creditors’ committee, created a potential conflict of interest which precluded compensation 

  • 07/15/1985
    Murray & Jean Mellor, Ch. 11, BK83-1536, CV84-O-616 07/15/1985

    The district court reversed the bankruptcy court’s dismissal of the case pursuant to § 1112(b)(1), remanding the matter to permit the bankruptcy court to take evidence on the issues of asset valuation and the reasonable likelihood of rehabilitation

  • 06/24/1985
    Lynn & Sharon Keller, Ch. 13, BK85-751 (June 24, 1985) 06/24/1985

    Reported at 50 B.R. 23. Any debtor, including each debtor when filing a joint petition, may claim a $1,500 exemption under Neb. Rev. Stat. § 25-1556 in equipment and tools used for the support of the individual debtor or the debtor’s family 

  • 06/19/1985
    Richard & Eunice Mahloch, Dennis Mahloch, Ch. 11, BK82-2072 & -2073, CV84-O-349 & -350 06/19/1985

     Incomplete opinion – pages are missing. District court reversed bankruptcy court’s order denying secured creditor’s motion to sequester rents & profits. The creditor needn’t first file a foreclosure action to protect its lien rights in bankruptcy

  • 06/06/1985
    Bernard & Carol Anderson, BK83-2029, CV80-O-592, -682 06/06/1985

    Reported at 50 B.R. 728. District court reversed bankruptcy court on secured creditor’s right to rents, holding that creditor needn’t have filed foreclosure action to preserve lien as bankruptcy court must protect substantive state-law lien rights

  • 06/04/1985
    Paul & Kim Urbanec, Ch. 13, CV84-O-638 06/04/1985

    Reported at 49 B.R. 638. The district court reversed the bankruptcy court’s denial of plan confirmation. For a defaulted and accelerated mortgage, a Chapter 13 plan may, under § 1322(b), decelerate the mortgage & reinstate original payment schedule

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