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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.

On appeal, the district court reversed the bankruptcy court's dismissal of the lawsuit for lack of standing. The district court found that it was a state-law conversion action – for which the bank had standing – rather than a § 549(a) avoidance action

The bankruptcy court adopted the state court's factual findings as to the existence of a business partnership and found the debtor's use of the partnership account to be a defalcation by a fiduciary, excepting the debt from discharge under § 523(a)(4)

The debtor's actions in making and breaking real estate leases with the Omaha Tribe constituted willful and malicious injury to property under § 523(a)(6), rendering non-dischargeable the judgments against him for breach-of-contract damages

Hearing on creditor's objection to claim; trustee had already objected to the claim in question and was overruled. The creditor may object to the claim, because the trustee did not present evidence at hearing. Motion to reconsider the claim granted

Creditors who were given second mortgages on real estate to secure the use of cash collateral in debtors' Chapter 11 case were entitled to receive a "lost opportunity cost" in addition to their principal when the property was liquidated and distributed

The bankruptcy court dismissed this Chapter 11 case upon finding on its own motion, after a hearing, that an inter vivos trust had all the characteristics of a family trust and few, if any, of a business trust, and therefore was not eligible to be a debto

Because the debtor held himself out to the bank, and other entities he did business with, as sole owner of all personal property he pledged to the bank as collateral, his non-debtor spouse cannot belatedly claim an ownership interest in that property

Because the bankruptcy court in this district has no jurisdiction to enter orders finding criminal contempt, it denied as frivolous debtor's motion for a court-funded transcript with which to appeal an order denying his motion for criminal contempt

The court retroactively approved employment of an accounting firm for work done for the Chapter 11 debtor prior to the case's conversion, but denied its employment & fees as a management consultant because no need for such services was demonstrated.

District court affirmed the bankruptcy court's decision that the creditor purchased debtor's farm products subject to the bank's security interest & that the proper limitations statute for conversion was 18 months under Neb. Rev. Stat. § 25-205(2)

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