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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.

A bank-card creditor sought to except credit card debts from discharge, alleging that the debtor defrauded it by using the charge accounts. However, the creditor was unable to prove the debtor acted with "guilty intent" when she incurred the charges

Itemized statements generally are sufficient to support fee applications, and additional evidence is normally unnecessary. Because a Chapter 11 examiner benefits the estate as a whole, he may be compensated from assets claimed by a secured creditor

A creditor with a security interest in inventory would not be adequately protected if the debtor were to use cash collateral to buy new inventory because the security interest would not attach, leaving creditor without cash or inventory as collateral

To perfect a security interest in a vehicle, a creditor may either note its lien on the title certificate or take possession of the manufacturer's certificate of origin (MCO). Here, the lender did not prove that it had done either as of the petition date.

Reported at 31 B.R. 75. Debtor's bankruptcy case was filed after the effective date of the amendments to section 523(a)(5), so all of his child support obligations – including those assigned to the state prior to the amendment – were non-dischargeable

Reported at 31 B.R. 79. Under the law in effect on the petition date (prior to the effective date of the Omnibus Reconciliation Act of 1981), a debt for child support assigned by the recipient to a third party is dischargeable to the extent of the assignm

Reported at 31 B.R. 77. Under the plain language of section 523(a)(5)(A), a debt for child support arising in connection with a paternity decree rather than a separation agreement, divorce decree, or property settlement agreement is dischargeable

A "claim" is the actual debt, not the physical document filed with the court as proof of the claim. When a debtor uses Chapter 13 to attempt to preserve a small business, he becomes bound to pay the secured creditor the going-concern value of that busines

District court order that affirms the bankruptcy court's opinion of Aug. 23, 1982, that the landlord's actions to obtain possession of a residence leased to debtor were not unlawful, willful or malicious, and did not result in a non-dischargeable debt

The district court affirmed, as not clearly erroneous or an abuse of discretion, the bankruptcy court's decision to deny confirmation of the debtor's plan for lack of good faith under section 1325(a)(3) and to convert the case to a Chapter 7 proceeding

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