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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.

Reported at 31 B.R. 97. Debtor entered into a retail installment sales contract with seller, which included a five-year limited warranty of repair or replacement. The warranty was not a substantial enough obligation to render the contract executory

Reported at 31 B.R. 97. Debtor entered into a retail installment sales contract with seller, which included a five-year limited warranty of repair or replacement. The warranty was not a substantial enough obligation to render the contract executory

District court affirmed bankruptcy court's judgment that the lender was oversecured on an automobile loan and therefore was entitled under § 506 to payment of its attorney's fees in addition to the pay-off of its claim from an insurance proceeds check

An insurance policy on debtor's car provided adequate protection for the bank's security interest in the vehicle, so the bank had the right to obtain payoff of the debt from the insurance proceeds and the bank's action did not violate the automatic stay

As among the holder of a contractual security interest in certain accounts receivable, a subcontractor, and a surety company, the subcontractor and the surety company had first & second priority in monies due the debtor for its road construction work

Plaintiff held a valid recorded security interest in a plane under the Federal Aviation Act, but priority is determined under state law. The debtor-defendant took priority by virtue of its possessory artisan's lien for maintenance work it performed

In calculating whether a judicial lien may be avoided under 11 U.S.C. section 522(f) on property in which the debtors claim a homestead exemption, the property should be valued at a fair market value, rather than at an arbitrary forced-sale value

The court denied the trustee's objection to discharge under 11 U.S.C. sec. 727(a)(2) and (a)(3), concluding that the debtor acted under a mistaken belief as to the ownership of certain assets, rather than with bad faith or an intent to conceal the assets

Chapter 11 plan confirmation requirements permit a dissenting class to demand full value before any junior class is paid. Here, the plan is not confirmable because it gives equity security holders a valuable right unavailable to other classes

The structure of section 363(c)(3) allows for a preliminary hearing on the use of cash collateral to determine whether, at a final hearing on adequate protection as requested by a secured creditor, the debtor could reasonably be expected to prevail

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