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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 affirmed ruling that debtor's withdrawal of pension funds & deposit into his credit union account was not an assignment that would frustrate the purposes of a spendthrift trust. Also, the trust terminated upon withdrawal of the funds

District court affirmed bankruptcy court's order allowing IRS to garnish debtor's funds after debtor failed to comply with a settlement agreement. The order discusses the nature of a final order & the legal formalities of a post-judgment garnishment

The district court affirmed the retention of special counsel to defend the individual partners of the debtor in various non-bankruptcy lawsuits. Representation was warranted because those lawsuits could conceivably affect the bankruptcy estate

In claims litigation, the district court affirmed an order denying debtor's motion – made at trial – to amend its objection to include a set-off. The court said the motion was untimely and to grant it or to continue the trial would prejudice the creditor

Reported at 52 B.R. 370. District court affirmed the dismissal of an involuntary petition because section 303(h)'s "generally not paying debts when due" element wasn't met when the only unpaid debt was a disputed claim held by the petitioning creditor

On a motion for default judgment in a civil case that was already on referral to the bankruptcy court, the district court reaffirmed the referral & directed that all motions, pleadings, & other materials should be directed first to the bankruptcy judge

The district court reversed the bankruptcy court's decision as to the ownership of certain feeder pigs custom-fed by the debtor. The debtor was an agent, not the owner, so the bank's security interest in debtor's after-acquired livestock did not attach

Bankruptcy court awarded a $15,000 judgment to plaintiff-debtors and denied their request for an injunction, but said the plaintiffs may bring a new claim for injunctive relief if they enter the liquor sales or restaurant business in or near Peru, Nebrask

Mortgage-holder's objection, for lack of consent, to debtors' intent to lease their real estate was overruled. Under sec. 541(c)(1)(A), debtors' interest in the property became property of the estate notwithstanding any restrictions on transfer

An insider's acceptance of a Chapter 11 plan is excluded when determining whether the class has accepted plan, but the insider's claim remains in the class for purposes of determining whether the requisite proportion of the class's claims have accepted

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