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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 sold cattle, which served as collateral under a security agreement, without authorization. This constituted a willful and malicious conversion of the creditor's property & resulted in the debt being excepted from discharge under § 523(a)(6)

Reported at 54 B.R. 910. The debtors' lack of disposable income – resulting from unremunerative employment and not from lack of effort – does not constitute an undue hardship, and therefore their student loans are not dischargeable under § 523(a)(8)(B)

Secured creditor obtained relief from stay on farmland after the court took evidence on value and found the creditor to be undersecured &, while the property was necessary to an effective reorganization, debtors hadn't provided adequate protection

On an adequate protection proposal, the court must establish the value of the secured creditor's interest; identify the risks to that value; & determine whether the proposal, consistent with indubitable equivalence, protects the value against risk

The court granted stay relief to two lien-holders in a parcel of real estate because they were not adequately protected. The property's value had declined since the petition date and taxes and interest had accrued, reducing the lien-holders' security

Reported at 54 B.R. 700. Debtor's Chapter 13 plan can't be confirmed over the objection of a student loan creditor because the debtor doesn't propose to apply all of his disposable income to the plan, so he can't establish good faith under Estus or § 1325

The bankruptcy court denied a creditor's motion to dismiss debtor's Chapter 13 petition for lack of good faith. Contrary to the creditor's argument, the evidence did not establish that the debtor failed to properly list assets or keep adequate records

The district court reversed an order of confirmation, ruling that the bankruptcy court, in evaluating whether "indubitable equivalence" adequately protected the objecting creditor's interest, did not adequately consider risks to that interest

Reported at 53 B.R. 366. A lawyer or law firm who is a pre-petition creditor is not a disinterested person under the Bankruptcy Code and therefore may not represent a debtor in bankruptcy. Accordingly, compensation for debtors' counsel was disallowed

District court reversed the bankruptcy court's dismissal on the basis of eligibility for Chapter 13 relief. Disputed debts are included in the § 109(e) calculation, but a debt subject to set-off in an amount acknowledged by both parties isn't disputed

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