Under § 553 and Nebraska law, an insurance broker holding unearned premiums to be refunded to the debtor/insured may recoup and set off those funds against amounts owed to it by the debtor. Any excess funds should be turned over to the bankruptcy trustee
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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.
Although seeing little likelihood of successful reorganization, the court ordered adequate protection payments while debtor prepared a plan & disclosure statement. The court denied, for lack of evidence, lender's claim for lost opportunity costs
The bankruptcy court dismissed for lack of jurisdiction the debtor-plaintiff's attempt to collaterally attack pre-petition state court proceedings which resulted in the debtor being removed from real property that had been sold at a sheriff's sale
On appeal, the district court affirmed the bankruptcy court's order lifting the automatic stay to permit a state court lawsuit against the debtor to go forward, finding elective abstention under 28 U.S.C. § 1334(c) as enacted in 1984 to be appropriate
Reported at 58 B.R. 667. By permitting debtor to use & sell collateral, lender waived right to enforce security interest, but the security interest didn't become unperfected nor was waiver cause for stay relief. Waiver also bound the FDIC as receiver
On appeal, the district court affirmed the avoidance of debtor's fraudulent transfer of an asset as done with intent to hinder/delay/defraud creditors, & ruled the transferee cannot have a lien on the asset because she did not receive it in good faith
Student loan creditor objected to debtor's Chapter 13 plan, arguing that the case was filed only to discharge student loan debt. The court confirmed the plan, finding that it was filed in good faith & the debtor was paying all his disposable income into i
Debtor had too much unsecured debt to be a Chapter 13 debtor; this was evident in his petition and schedules. It is unclear why no one objected prior to confirmation, but the question of eligibility is a jurisdictional issue which may be raised at any tim
Reported at 62 B.R. 718. The court granted relief from the automatic stay to a creditor for cause under § 362(d)(1) because debtor failed to pay its taxes, failed to pay withholding taxes, and failed to disclose the existence of a corporate bank account
Third-party creditors' objections to the compromise of a preference action should be set for trial to take evidence on the parties' intentions as to the allegedly preferential rent payments and whether the payments were really on an antecedent debt