Itemized statements generally are sufficient to support fee applications, and additional evidence is normally unnecessary. Because a Chapter 11 examiner benefits the estate as a whole, he may be compensated from assets claimed by a secured creditor
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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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06/28/1983
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06/28/1983
The structure of section 363(c)(3) allows for a preliminary hearing on the use of cash collateral to determine whether, at a final hearing on adequate protection as requested by a secured creditor, the debtor could reasonably be expected to prevail
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06/28/1983
The court denied the trustee’s objection to discharge under 11 U.S.C. sec. 727(a)(2) and (a)(3), concluding that the debtor acted under a mistaken belief as to the ownership of certain assets, rather than with bad faith or an intent to conceal the assets
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06/28/1983
To perfect a security interest in a vehicle, a creditor may either note its lien on the title certificate or take possession of the manufacturer’s certificate of origin (MCO). Here, the lender did not prove that it had done either as of the petition date
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06/27/1983
A “claim” is the actual debt, not the physical document filed with the court as proof of the claim. When a debtor uses Chapter 13 to attempt to preserve a small business, he becomes bound to pay the secured creditor the going-concern value of that busines
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06/27/1983
Reported at 31 B.R. 77. Under the plain language of section 523(a)(5)(A), a debt for child support arising in connection with a paternity decree rather than a separation agreement, divorce decree, or property settlement agreement is dischargeable
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06/27/1983
Reported at 31 B.R. 79. Under the law in effect on the petition date (prior to the effective date of the Omnibus Reconciliation Act of 1981), a debt for child support assigned by the recipient to a third party is dischargeable to the extent of the assignm
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06/23/1983
Reported at 31 B.R. 75. Debtor’s bankruptcy case was filed after the effective date of the amendments to section 523(a)(5), so all of his child support obligations – including those assigned to the state prior to the amendment – were non-dischargeable
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06/02/1983
District court order that affirms the bankruptcy court’s opinion of Aug. 23, 1982, that the landlord’s actions to obtain possession of a residence leased to debtor were not unlawful, willful or malicious, and did not result in a non-dischargeable debt
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05/31/1983
The district court affirmed, as not clearly erroneous or an abuse of discretion, the bankruptcy court’s decision to deny confirmation of the debtor’s plan for lack of good faith under section 1325(a)(3) and to convert the case to a Chapter 7 proceeding