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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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  • 11/18/1985
    Erwin & Darlene Holtz, Ch. 11, BK84-2434 11/18/1985

    Secured creditor obtained relief from stay on farmland after the court took evidence on value and found the creditor to be undersecured &, while the property was necessary to an effective reorganization, debtors hadn’t provided adequate protection

  • 10/25/1985
    Raymond & Judith Olson, BK84-1753, Ch. 11 10/25/1985

    On an adequate protection proposal, the court must establish the value of the secured creditor's interest; identify the risks to that value; & determine whether the proposal, consistent with indubitable equivalence, protects the value against risk 

  • 10/16/1985
    Vincent & Lavona Ruterbories, BK83-881, Ch. 11 10/16/1985

    The court granted stay relief to two lien-holders in a parcel of real estate because they were not adequately protected. The property’s value had declined since the petition date and taxes and interest had accrued, reducing the lien-holders’ security

  • 10/15/1985
    Jerry Anthony & Betty Jane Akin, BK85-136, Ch. 13 10/15/1985

    Reported at 54 B.R. 700. Debtor’s Chapter 13 plan can’t be confirmed over the objection of a student loan creditor because the debtor doesn’t propose to apply all of his disposable income to the plan, so he can’t establish good faith under Estus or § 1325

  • 10/04/1985
    Joe Schulte v. Patrick M. Mathers (In re Mathers), BK85-214, Ch. 13 10/04/1985

    The bankruptcy court denied a creditor’s motion to dismiss debtor’s Chapter 13 petition for lack of good faith. Contrary to the creditor’s argument, the evidence did not establish that the debtor failed to properly list assets or keep adequate records

  • 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 

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