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Opinions

The District of Nebraska offers a database of opinions for the years 1997 to 2011, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.

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  • 03/04/2016
    Joseph Allen Hartley v. Independence Bank (In re Hartley), Ch. 11, BK15-81898, A16-8004 (Mar. 4, 2016) 03/04/2016

    The debtors had previously filed a lender liability lawsuit in Rhode Island. Upon filing bankruptcy in Nebraska, the debtors filed an adversary proceeding containing the same allegations. The bankruptcy court granted relief from the automatic stay to the defendant to permit the Rhode Island litigation to proceed, based on the contract’s forum selection clause naming Rhode Island as the agreed-upon forum and the status of the litigation there prior to the bankruptcy filing, as well as the plaintiffs’ request for a jury trial, which would not be held in the bankruptcy court in any event.

  • 02/11/2016
    Bank of Doniphan v. Barbara Ann Graves (In re Graves), Ch. 7, BK14-40491, A14-4031 (Feb. 11, 2016) 02/11/2016

    The court ruled that the debtor remains personally liable for all ancillary amounts still owing in connection with a judgment, if the judgment is found to be non-dischargeable. Therefore, the debtor would owe the judgment rate of interest on the debt until it is paid in full. Here, summary judgment was denied so a trial could be held to determine dischargeability.

  • 01/06/2016
    Premier Bank v. Tina C. Poole (In re Poole), Ch. 7, BK15-80234, A15-8025 (Jan. 6, 2016) 01/06/2016

    The court is unable to determine whether or not the defendant in a § 523(a)(2)(B) dischargeability proceeding is entitled to summary judgment because the movant failed to submit any evidence in support of the motion.

  • 01/06/2016
    Sandpoint Cattle Co., LLC v. Robert Craig (In re Sandpoint Cattle Co., LLC), Ch. 11, BK13-40219, A14-4052 (Jan. 6, 2016) 01/06/2016

    The bankruptcy court denied the defendants’ motion for summary judgment in this legal malpractice case. The motion was primarily based on the doctrine of judicial estoppel, and the defendants argued that testimony on the debtor’s behalf had changed significantly, with the debtor taking the position in the bankruptcy case that abandonment of certain assets was necessary, and now taking the position in the malpractice action that it could have maintained those assets and should not have been forced to abandon them. The court found that the evidence presented does not establish judicial estoppel, and ordered the case to proceed to trial.

  • 12/18/2015
    Ron Ross, Chap. 11 trustee v. Scott A. Buckles (In re Skyline Manor, Inc.), Ch. 11, BK14-80934, A15-8035 (Dec. 18, 2015) 12/18/2015

    Venue for a trustee’s adversary proceeding to avoid allegedly fraudulent transfers was appropriate in the district in which the bankruptcy case was filed. The out-of-state defendants had moved to dismiss, arguing that 28 U.S.C. § 1409(b) requires such lawsuits to be brought in the defendants’ home district, but the court denied that motion, noting that § 1409(b) addresses only proceedings “arising in” or “related to” a bankruptcy case and fraudulent transfer avoidance actions “arise under” the Bankruptcy Code.

  • 12/04/2015
    Karsten Gering, LLC, Ch. 7, BK15-40935 (Dec. 4, 2015) 12/04/2015

    The debtor’s managing member and guarantor of its debt objected to the manner in which the primary secured creditor disposed of the debtor’s assets. The movant objected to the creditor’s proof of claim, arguing that the disposition was not commercially reasonable because the assets were not offered to industry buyers and because the creditor ignored the movant’s competing bid and the possibility of an even higher third-party bid. The court determined that the validity and amount of claim as of the petition date were not in dispute, but the movant was contesting the amount of the claim in light of post-petition events. The court ruled that the matter should be heard as an adversary proceeding and deferred the claim objection pending the outcome of the adversary proceeding.

  • 11/09/2015
    Thomas Michael Gurney & Mary Teresa Gurney, Ch. 13, BK15-80480 (Nov. 9, 2015) 11/09/2015

    The debtors moved to avoid a judicial lien which impaired their homestead exemption. Under the § 522(f)(2) formula, only a portion of the judicial lien actually impaired the exemption and was subject to avoidance. Two other judicial liens on the property had already been avoided, so those liens were not part of the statutory calculation. The debtors were directed to file an amended post-confirmation plan to clarify how they would deal with the secured claim represented by the unavoided portion of the judicial lien.

  • 09/24/2015
    David Allen Kresl, Sr., and Angela Kresl v. Beneficial Nebraska, Inc. (In re Kresl), Ch. 13, BK12-80557, A15-8016 (Sept. 24, 2015) 09/24/2015

    The court granted summary judgment to the debtors, ordering that a wholly unsecured junior lien on the debtors’ residential real estate may be avoided after the debtors complete Chapter 13 plan payments.

  • 09/21/2015
    John Lee Osbourn & Cheryl Lynn Osbourn v. Wells Fargo Fin'l Bank (In re Osbourn), Ch. 13, BK12-80485, A15-8007 (Sept. 21, 2015) 09/21/2015

    The court granted summary judgment to the debtors, ordering that a wholly unsecured junior lien on the debtors’ residential real estate may be avoided after the debtors complete Chapter 13 plan payments.

  • 09/01/2015
    LeafProof Products, LLC, Ch. 11, BK15-80074 (Sept. 1, 2015) 09/01/2015

    The court approved a reduced amount of fees for debtor’s counsel after finding the requested fees to be excessive and unreasonable, with very little progress made or benefit provided to the estate during the eight months the case has been pending.

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