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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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  • 10/03/1985
    Vekco, Inc., Ch. 11, BK83-1864, CV84-O-562 10/03/1985

    The district court reversed an order of confirmation, ruling that the bankruptcy court, in evaluating whether “indubitable equivalence” adequately protected the objecting creditor’s interest, did not adequately consider risks to that interest

  • 09/30/1985
    Ronald F. & Carol J. Patterson, BK84-251, Ch. 11 09/30/1985

     Reported at 53 B.R. 366. A lawyer or law firm who is a pre-petition creditor is not a disinterested person under the Bankruptcy Code and therefore may not represent a debtor in bankruptcy. Accordingly, compensation for debtors’ counsel was disallowed 

  • 09/26/1985
    George & Helen Bergstrom, Ch. 13, BK82-1436, CV84-O-593 09/26/1985

    District court reversed the bankruptcy court’s dismissal on the basis of eligibility for Chapter 13 relief. Disputed debts are included in the § 109(e) calculation, but a debt subject to set-off in an amount acknowledged by both parties isn’t disputed 

  • 09/17/1985
    Paul & Carol Jean Van De Walle, Ch. 11, BK85-115 09/17/1985

    After a stipulation on a motion for stay relief was repudiated, a hearing was held to determine debtors’ equity in the property, their need for the property in an effective reorganization, and their ability to adequately protect the lender’s interest

  • 09/10/1985
    Richard Horst, Ch. 11, BK84-1024, CV85-O-338 09/10/1985

    The district court affirmed the bankruptcy court’s order granting relief from the stay, finding that the secured creditor was not adequately protected and the debtor had not been able to establish a realistic prospect of a successful reorganization 

  • 09/06/1985
    Leonard C. Gowen, Ch. 7, BK83-961 09/06/1985

    Court ordered trustee to abandon real estate to the contract seller. The amount owed exceeded the land value, and it was leased to a tenant. To assume the lease & rents, the trustee would have to cure the contract default, which wouldn’t benefit the estat

  • 09/04/1985
    Jerry Dean & Bonnie Jean Roth, Ch. 11, BK85-535 09/04/1985

    The court granted stay relief to a lender with a security interest in the debtors’ grain, livestock, equipment, and real estate. The debtors had no equity in the collateral and presented no evidence that it was necessary to an effective reorganization

  • 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 

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