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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.

The court denied confirmation of a Chapter 11 plan because it proposed less-than-full payment to a class of unsecured creditors while reserving to current equity security-holders the exclusive right to purchase stock in the reorganized corporation

The district court reversed a denial of plan confirmation, finding that the power to cure a residential mortgage default under § 1322(b)(5) carried with it the power to "de-accelerate" payments, so the plan's proposed arrearage-cure was confirmable

The district court affirmed the bankruptcy court order granting relief from stay because the debtors failed to object or appear at the hearing. The district court found that debtors had been provided with appropriate notice of the stay-relief hearing

Reported at 47 B.R. 193. In a dispute between two unsecured creditors, one of which held a capital debenture from the debtor to secure a loan made to the debtor's sole shareholder, the court declined to order subordination of the debenture-holder's claim

District court affirmed bankruptcy court order granting a secured creditor's motion to convert case to Chapter 7 because debtors exceeded the Chapter 13 debt limit. The unsecured portion of partially secured debt was properly part of the calculation

On appeal, the district court affirmed the bankruptcy court's July 27, 1983, decision and dismissed the appeal because the appellant failed to abide by the court's briefing order

Reported at 46 B.R. 173. The bankruptcy court held that it lacked jurisdiction under 28 U.S.C. § 157(b)(2)(F) to conduct a trial on a preference claim. The court concluded that vesting such jurisdiction in a non-Article III court was unconstitutional

District court reversed and remanded bankruptcy court's dismissal of the debtor's petition, with instructions for the court to take evidence on whether the debtor was an "individual with regular income" and therefore eligible for Chapter 13 relief

The district court agreed with the bankruptcy court that the debt at issue was non-dischargeable under § 523(a)(2)(B) because the debtor provided a false financial statement, but modified the judgment amount to reflect the total amount of the claim

The district court vacated an order that appointed an under-secured creditor to the creditors' committee, because the committee is only for unsecured creditors; under-secured creditors and wholly unsecured creditors may have competing interests

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