On appeal, the district court reversed in part and affirmed in part the bankruptcy court's dismissal of certain causes of action, holding that the bankruptcy court was the appropriate forum for the case and that 28 U.S.C. § 157 did not violate Article III
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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 affirmed in all respects the bankruptcy court's decision to grant the creditor's motion to dismiss the case because the debtor exceeded the § 109(e) debt limits and therefore was not eligible to be in Chapter 13
Under the agreement for sale of the debtor's assets, title to the property did not transfer free and clear of the trustee's interest until all installment payments had been made. Because the buyer defaulted, its interest in the property was terminated
Reported at 62 B.R. 387. An adversary proceeding in which the court determined the extent & validity of lender's security interest in crops, finding inter alia that harvested crop was covered under the financing statement as a product of the growing crop
On appeal, the district court affirmed the bankruptcy court's order finding that savings certificates which the debtors purchased for their children about four months before the petition date, using the proceeds of an annuity contract, were exempt
On appeal, the district court affirmed the bankruptcy court ruling that debtor had no interest in real estate which the bank had executed on & sold pre-petition, and that the court lacked jurisdiction for collateral attacks on state court proceedings
On appeal, the district court reversed the bankruptcy court's order of adequate protection, holding that protection against declining real property collateral values was an improper use of § 363(e) because it interferes with the reorganization
On appeal, the district court affirmed the order granting relief from stay. As to the debtors’ argument that they were not liable on the underlying note, the court ruled it had no jurisdiction because the matter should have been raised in state court.
For plan confirmation, § 1325(a)(5)(B) requires that a debtor pay the prevailing market rate of interest for the type of secured loan under consideration, taking into account the existence and quality of any security and the risk of subsequent default
Debtor's student loan debt was dischargeable for undue hardship under § 523(a)(8)(B) because her employment in a low-paying job in a field unrelated to her degree, plus her medical issues, meant her ability to repay the loan was virtually non-existent