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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 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

Lien held by debtor's former wife on debtor's homestead, awarded as part of a property settlement agreement, couldn't be avoided under section 522(f) because it protected the wife's pre-existing interest and, alternatively, was a consensual lien

The district court agreed that post-petition floor-plan financing agreements were subject to section 364(c) and needed prior court approval, but said the bankruptcy court equitably should have approved them nunc pro tunc as administrative expenses

District court affirmed bankruptcy court's order finding that trustee didn't breach a contract for sale of the debtors' house. The trustee was unable to provide clear title at closing, but cured the defects & closed within a reasonable time thereafter

The district court reversed the bankruptcy court, ruling that leased irrigation equipment was personal property rather than a fixture, & remanded the case for further findings as to whether the lessor or the trustee had superior rights to the proceeds

District court affirmed ruling that trustee couldn't avoid the debtor's unrecorded assignment of her interest under her father's will because a reasonable purchaser would have investigated and would have found the assignment in the probate records

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