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
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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.
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
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