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
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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.
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
The district court reversed the bankruptcy court's ruling that defendant hadn't waived its rights by repeatedly accepting late premium payments from debtor. As a matter of law, the defendant's actions waived its right to treat the policy as cancelled
The district court reversed the bankruptcy court's order sustaining debtor's objection to a claim because counsel failed to attend a status hearing. The merits of the claim should have been considered, particularly in light of such a drastic sanction
The district court dismissed these consolidated appeals because the bankruptcy court had subsequently granted the appellant's motion for reconsideration, so these orders were no longer final for purposes of appeal & leave to appeal could be denied
District court vacated bankruptcy court's contempt order against the IRS for violating § 362 by sending debtor a letter. The district court found the IRS letter didn't violate the stay as it merely informed debtor of her duty to provide for taxes in plan
The district court reversed the bankruptcy court's denial of debtors' motion to reopen their Chapter 7 case to add a creditor. The bankruptcy court had erroneously applied section 523(a)(3) in holding that an unscheduled debt could not be discharged