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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  • 10/22/2014
    Larry William Mutum & Linda Mae Mutum v. Springcastle Amer. Funding Trust (In re Mutum), Ch. 13, BK12-80210, A14-8032 (Oct. 22, 2014) 10/22/2014

    An unsecured junior lien on the debtors’ residential real estate may be avoided after the debtors complete Chapter 13 plan payments. The case law in the Eighth Circuit permits wholly unsecured liens to be stripped off.

  • 10/22/2014
    Mark David Wahrman v. Citibank, N.A. (In re Wahrman), Ch. 13, BK11-81573, A13-8010 (Oct. 22, 2014) 10/22/2014

    An unsecured junior lien on the debtor’s residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The case law in the Eighth Circuit permits wholly unsecured liens to be stripped off.

  • 10/16/2014
    Roger Anderson & Lori Anderson v. Charles H. Morland & Bonnie K. Morland (In re Anderson), Ch. 11, BK12-40585, A14-4049 (Oct. 16, 2014) 10/16/2014

    The bankruptcy court remanded a state-court lawsuit that the debtors had removed in connection with their bankruptcy case. The lawsuit did not deal with bankruptcy issues – it involved breach of contract and tortious interference with business relations – and it was ready to be tried when it was removed from the state court, so the bankruptcy court abstained and equitably remanded the case for trial and liquidation of the claim, which could then be addressed in the debtors’ Chapter 11 plan.

  • 10/15/2014
    April Denise Sipp v. Citifinancial, Inc. (MD) (In re Sipp), Ch. 13, BK10-83699, A14-8004 (Oct. 15, 2014) 10/15/2014

    An unsecured junior lien on the debtor’s residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The case law in the Eighth Circuit permits wholly unsecured liens to be stripped off.

  • 10/09/2014
    Nancy J. Gargula, U.S. Trustee v. Sonya Skinner (In re Skinner), Ch. 7, BK13-80010, A13-8052 (Oct. 9, 2014) 10/09/2014

    The court granted summary judgment and revoked the debtor’s Chapter 7 discharge after the U.S. Trustee learned the debtor had obtained a Chapter 7 discharge in another district less than eight years ago and had made false oaths in connection with the present case. The debtor filed the Nebraska case using a different Social Security number, so the previous bankruptcy did not show up on a PACER search. The debtor also lied at her § 341 meeting when asked if she’d ever filed bankruptcy before, and she failed to disclose certain business interests in her statement of financial affairs. She also failed to disclose more than $20,000 in fines, penalties, and disgorged fees she had been ordered to pay for her unauthorized practice of law while acting as a bankruptcy petition preparer.

  • 10/02/2014
    Daniel L. Potmesil v. Great Western Bank (In re Potmesil), Ch. 13, BK13-80007, A14-8016 (Oct. 2, 2014) 10/02/2014

    An unsecured junior lien on the debtor’s residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The case law in the Eighth Circuit permits wholly unsecured liens to be stripped off.

  • 09/22/2014
    Thomas D. Stalnaker, Chap. 7 Trustee v. Computershare Trust Co. (In re Randy S. Ricker & Paula D. Ricker), Ch. 7, BK08-83110, A11-8098-SH (Sept. 22, 2014) 09/22/2014

        On the bankruptcy trustee’s complaint alleging securities fraud and common-law causes of conversion, breach of fiduciary duty, and tortious interference with business relationships/expectancy against the defendant, the bankruptcy court ruled that it had non-core related-to jurisdiction over the matters and, under Executive Benefits Ins. Agency v. Arkison (In re Bellingham Ins. Agency, Inc.), ___ U.S. ___, 134 S. Ct. 2165, 2170 (2014), could enter final judgment with the consent of the parties. Accordingly, the court granted summary judgment to the defendant.
        In ascertaining the applicable choice-of-law rules governing disputes arising from a Nebraska resident’s business transactions with a Colorado corporation, the court determined that the “most significant relationship” test favored Colorado because the alleged fraud and wrongful refusal to transfer stock that caused harm to the debtor occurred in Colorado. The adoption of the U.C.C. displaced the bankruptcy estate’s common-law claims, so the court dismissed those. Moreover, even if those causes of action were not supplanted by the U.C.C., the claims were not brought within Colorado’s three-year statute of limitation and were dismissed as untimely. The trustee unsuccessfully argued that the “continuing tort” doctrine should apply. Likewise, with regard to the trustee’s allegation of federal securities law violations, the court found it to be untimely as it was filed outside of the two-year statute of limitations.

  • 08/29/2014
    Korley B. Sears, Ch. 11, BK10-40277 (Aug. 29, 2014) 08/29/2014

    Summary judgment was granted to creditors whose claims were based on a stock sale agreement and promissory notes from the debtor. Res judicata prevented the debtor from changing his position on liability based on the outcome of the creditors’ dispute with a co-debtor on similar claims.

  • 08/19/2014
    Rick D. Lange, Chap. 7 Trustee v. Dan Henslee (In re Kelly Leann Michener & Thomas J. Michener), Ch. 7, BK14-40294, A14-4024 (Aug. 19, 2014) 08/19/2014

    In this action brought by the Chapter 7 trustee to avoid and recover a pre-petition transfer of funds from the debtors to their residential landlord as a preference, the court denied the trustee’s motion for summary judgment. While the landlord’s § 365(p) argument regarding the assumption of a personal property lease was inapplicable here, the affirmative defenses in the preference statute were viable. The debtors’ pre-payment of a month’s rent could be considered an substantially contemporaneous exchange for new value, while the lump-sum payment of a six-month arrearage requires a factual inquiry into whether that was part of the parties’ ordinary course of business dealings or financial affairs.

  • 07/11/2014
    William H. Sutton, Jr., Ch. 13, BK14-80189 (July 11, 2014) 07/11/2014

    The claim of the debtor’s former wife should be allowed as a general unsecured claim rather than as a domestic support obligation. The claim was based on the parties’ property settlement agreement, under which the debtor was to make a lump-sum payment to his former wife within five years after entry of the decree of dissolution. Nothing about the debt indicated it was “in the nature of support,” so it was not entitled to priority or excepted from discharge.

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