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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 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

Debtor used cash collateral to pay IRS. Creditor bank sued IRS to recover the funds. The court dismissed the case for lack of standing, ruling that it really was a § 549(a) action to avoid post-petition transfer, which can be brought only by a trustee or

The debtor lost his interest in real estate as the result of a pre-petition judgment, execution, and confirmation of sale. Post-petition actions regarding a writ of assistance and the distribution of sale proceeds did not violate the automatic stay

Pursuant to a settlement agreement with his employer, the debtor received monthly annuity payments for injuries he suffered on the job. The court ruled the payments were property of the bankruptcy estate, but were exempt under Neb. Rev. Stat. § 44-371

Reported at 60 B.R. 791. An attorney fee provision in a guaranty agreement is void and unenforceable under Nebraska law and therefore cannot, in bankruptcy, constitute the basis for an award of attorney’s fees under § 506(b) as part of the creditor’s allowed secured claim.

Creditor's motion for relief in inventory was denied, despite debtor's lack of equity, to permit debtor to sell the business as a package. In addition, although inventory value was declining, creditor was adequately protected by casualty insurance

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