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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 25 B.R. 276. The language in each of the credit documents & security agreements executed by the debtors as they purchased household goods over the years indicates that the seller retained a purchase-money security interest in each item.

Court granted lender's motion for relief from stay because lender wasn't adequately protected & because the land wasn't necessary to an effective reorganization, as debtors had no more than a hope of being able to make money from the farming operation

Reported at 23 B.R. 130. Debtors purchased household items on a revolving charge account. The seller retained a purchase-money security interest in each item until it was paid for, so the debtors could not avoid the seller's lien under section 522

Debtor alleged emotional distress when Texas company refused to move her belongings to Neb. until she paid storage & transit charges and paid off a purchase-money lien on the goods. Court said Neb. law applied, then dismissed for failure to state a claim

Reported at 22 B.R. 934. The Chapter 7 trustee knowingly abandoned scheduled property of the estate. The abandonment was thereafter irrevocable, despite the fact that the property turned out to be more valuable than the trustee had anticipated

Reported at 22 B.R. 914. Overrules Douglas v. United States (In re Douglas), 10 B.R. 283 (Bankr. D. Neb. 1981), and holds that wages earned but not yet paid on the petition date are property of the bankruptcy estate and are protected by the automatic stay

Reported at 22 B.R. 696. The court interpreted the Nebraska annuity exemption statute, Neb. Rev. Stat. section 44-371 as amended in 1980, to permit the exemption of a maximum amount of $5,000 worth of annuity policies, not $5,000 in each policy

The creditor's lien was subordinate to the rights of the trustee under sec. 544(a) because the creditor improperly perfected its security interest by filing it in the wrong county. Therefore, the trustee could sell the assets free and clear of liens

The parties disputed the amount due to the debtor on a contract to raze a building and construct a new one. The evidence was insufficient to support the debtor-plaintiff's contention regarding the amount the defendant was to pay for the project

Reported at 22 B.R. 689. Creditor objected to plan confirmation based on its secured status. The objection was overruled because creditor's lien was not noted on the vehicle's title and therefore the claim was unsecured at best

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