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Opinions

United States Courts 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.

The debtors held capital credits in their local telephone company, which could be paid out only upon the death of a patron or the bankruptcy of a corporation. An individual patron's bankruptcy did not require the company to pay the credits to the trustee

Under Chapter 12, a debtor's plan may provide for severing the homestead portion of his farm from the rest of the real estate covered by his mortgage and paying for it in cash, while paying off the secured claim on the remainder of the farm land over time

On appeal, the district court affirmed the denial of relief from the stay for cause. Debtors' failure to file an amended Chapter 13 plan was not a willful failure to abide by a court order, so § 109(f)(1) did not preclude their subsequent Chapter 11 filin

The debtor appealed the bankruptcy court's order granting relief from the automatic stay to a creditor. The appeal was dismissed because the debtor failed to follow local procedural rules and diligently prosecute it

On appeal, the district court affirmed the bankruptcy court's decision to appoint a Chapter 11 trustee under § 1104, agreeing that evidence of debtor's mismanagement of assets and failure to make full disclosures justified appointment of a trustee

The district court granted the debtors' motion to dismiss a creditor's appeal of an order dismissing the debtors' Chapter 11 case so they could file a Chapter 12 case. Pursuant to § 305, an order dismissing a bankruptcy case is not reviewable on appeal

The appropriate discount rate for Ch. 12 allowed secured claims in this district is the yield on a treasury bond with a remaining maturity matched to the average amount outstanding during the term of the allowed claim plus a 2% upward adjustment for risk

On appeal, the district court affirmed the bankruptcy court's decision to appoint a Chapter 11 trustee under § 1104, agreeing that evidence of debtor's mismanagement of assets and failure to make full disclosures justified appointment of a trustee

The debtors were not "family farmers" for purposes of Chapter 12 because they were not engaged in a farming operation when they filed for relief; by that time, they had sold their equipment, rented out all of their farmland, and taken off-the-farm jobs

The court ruled that debtor's educational loans should be discharged under § 523(a)(8)(B) because repayment would impose an undue hardship upon her and her family. Supporting four dependents on temporary income didn't provide funds for repayment

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