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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 ruled for the defendant, finding that a pre-petition contract for the purchase of assets was not executory and could not be assumed by the Chapter 7 trustee. There were no remaining substantial performance obligations due from either party

District court affirmed the confirmation of a creditor's liquidating plan over the objection of the debtor-farmer, ruling that nothing in section 1123(b)(4) protects farmers from liquidation, particularly when the debtor didn't file its own plan

District court vacated the bankruptcy court's order denying an award of attorneys' fees, ruling that the bankruptcy court read § 327 too narrowly in requiring prior authorization of debtors' counsel's employment before compensation could be allowed

The test of whether a proposed plan offers the indubitable equivalent isn't whether it offers the same rights as would exist in a Chapter 7 but whether it offers the indubitable equivalent of the party's rights if no bankruptcy proceeding existed at all

District court affirmed the bankruptcy court's judgment excepting a debt from discharge under 11 U.S.C. sec. 523(a)(2)(A) because the debtor acted with fraudulent intent in selling a house without disclosing existing liens or its uninhabitability

A bankruptcy judge has the authority to impose an order of civil contempt, if due process is followed. In this case, the district court vacated and remanded a contempt order because the bankruptcy court order didn't state a factual basis for its findings

The court denied confirmation of a Chapter 11 plan because it contained an 18-month "safe harbor" during which secured creditors would have neither their property nor the value of their claims. A proposed amendment could be circulated for votes

District court affirmed the bankruptcy court's decision to allow debtor to assume as an executory contract a contract to sell real estate. The contract had not been terminated, & under the Countryman definition, performance remained due on both sides

The district court reversed the bankruptcy court's entry of default judgment against defendants for failure to comply with a discovery order because a lesser sanction would have served the purpose as there was no evidence of willfulness or bad faith

The district court vacated the bankruptcy court's order & remanded the matter for further development of the record as the absence of a transcript of the bankruptcy court hearing prevented the district court from undertaking a fair review of the appeal

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