The court granted a motion for relief from stay because the value of debtor's offer of adequate protection in crops & waiver of state law rights was unclear, and the court must weigh the debtor's offer against the risk to the creditor's collateral value
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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.
The court will grant only what is requested in the motion's prayer. If a motion for relief to commence foreclosure proceedings does not ask for permission to seek appointment of a receiver, then the order granting relief does not authorize such an action
The court granted debtor's motion to use cash collateral after considering the value of the creditor's security interest and the risk to that value in light of debtor's adequate protection offer, as mandated by In re Martin, 761 F.2d 472 (8th Cir. 1985)
The debtor was not eligible to be a Chapter 13 debtor, so the filing of his petition did not commence a case. Because the original case was a nullity, there was no case or proceeding in existence and the debtor's motion to convert to Chapter 11 had to be
On a motion for summary judgment, the district court found that the injuries caused by the debtor as a result of driving while intoxicated met the "willful and malicious" standard of § 523(a)(6) and rendered the debt to plaintiff non-dischargeable
On appeal, the district court affirmed the denial of attorneys' fees for a creditor who successfully objected to debtors' Chapter 13 plan. Bankruptcy law didn't provide for fees in that situation, and under state law, such an award was discretionary
Debtors may amend exemptions until the case is closed, even after discharge. Nebraska statutes exempt "household furnishings," but if "necessary" is read into it, TVs and stereos aren't necessary. They may be exempted in lieu of homestead, however
On appeal, the district court affirmed the bankruptcy court's decision that debtor's security agreement with the bank was internally inconsistent and therefore didn't give the bank a security interest in debtor's shares of Federal Land Bank stock
Corporate stock not listed in debtor's schedules was not administered or abandoned. The trustee may reopen the case to sell the stock, but should investigate its value and advertise the sale to comply with the best-interests-of creditors requirement
Because the debtors intended that electric motors, pumps, and control panels installed on real estate as part of the debtors' pivot irrigation systems would be permanently affixed to the land, those items are fixtures and are subject to the mortgage