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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.

Debtor's non-debtor wife, who operated the farm with him, did not sign any loan documents. The court held that she didn't have an ownership interest in non-titled personal property used as collateral, but if she did, she'd acquiesced to its encumbrance

The appropriate monthly adequate protection payment for a previously over-secured but now under-secured creditor is the amount of interest accruing on the debt each month, plus the amount by which the value of the collateral is declining each month

When a promissory note is made in one state but performed in another, the law of the place of performance generally governs. Because Nebraska debtors were to send payments to lender's Iowa office, Iowa law applied – the note's interest rate wasn't usuriou

On appeal, the district court affirmed the bankruptcy court's order that an amendment to a filed financing statement adding the debtor wife's name was sufficient to create a perfected security interest in her property as of the date of the amendment

A Chapter 11 bankruptcy trustee cannot exercise his powers under § 544 to take title to real property free and clear of the interest of a seller on contract whose deed was mistakenly recorded and whose claim was treated in the plan as a valid secured clai

A Chapter 11 bankruptcy trustee cannot exercise his powers under § 544 to take title to real property free and clear of the interest of a seller on contract whose deed was mistakenly recorded and whose claim was treated in the plan as a valid secured clai

Reported at 62 B.R. 102. A Chapter 11 bankruptcy trustee cannot exercise his powers under § 544 to take title to real property free and clear of the interest of a seller on contract whose deed was mistakenly recorded and whose claim was treated in the plan as a valid secured claim.

As between the bankruptcy trustee and a bank as trustee for dissolved corporation's shareholders, the bank held a superior interest in mortgage. However, the bankruptcy trustee prevailed as to personal property, due to a lapsed financing statement

Reported at 61 B.R. 696. The court granted the bank’s motion for relief from stay because debtors had no equity in the mortgaged property and no likelihood of an effective reorganization. Even if reorganization were feasible, the adequate protection offer was insufficient.

Plaintiffs sold their business & assigned the premises lease to debtors. Upon default, debtors settled with the landlord. Plaintiffs did not record the lease or otherwise maintain a security interest in it, so they had no right to the settlement monies

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