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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  • 04/15/2013
    William H. White, Ch. 7, BK12-41855-TLS (Apr. 15, 2013) 04/15/2013

    The court previously ruled that traceable insurance proceeds for the fire loss of the debtor’s home were exempt under the homestead exemption. The debtor then used the proceeds to purchase non-homestead tangible property. The court ruled that the proceeds lost their exempt status upon their use for something other than buying a new homestead or repairing the damaged homestead.

  • 04/11/2013
    Barbara Jean Churchill v. CitiFinancial, Inc. (In re Churchill), Ch. 13, BK07-41644-TLS, A12-4018-TLS (Apr. 11. 2013) 04/11/2013

    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, interpreting Nobelman, permits wholly unsecured liens to be stripped off.

  • 04/03/2013
    Chadwick Allen Poole, Ch. 13, BK12-81843-TJM (Apr. 3, 2013) 04/03/2013

    The court sustained the confirmation objection of the debtor’s former spouse, finding that the debtor’s obligation to pay a joint debt and a portion of his former wife’s attorney’s fees were non-dischargeable support obligations that needed to be accounted for in the plan of reorganization. Likewise, the Collett provision in the parties’ dissolution decree, whereby an additional modicum of alimony was awarded subject to modification if the debtor failed to pay any portion of the property settlement or marital debt assigned to him, rendered the property settlement debt a non-dischargeable support obligation as well.

  • 03/26/2013
    Tyra L. Aumiller & Rebecca S. Aumiller v. GMAC Mortgage, LLC (In re Aumiller), Ch. 13, BK12-41150-TLS, A12-4090-TLS (Mar. 26, 2013) 03/26/2013

    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, interpreting Nobelman, permits wholly unsecured liens to be stripped off.

  • 03/25/2013
    Michael Blumenthal & Richard D. Myers v. Jerry Cronk (In re M&M Mktg., LLC, and Premier Fighter, LLC), invol. Ch. 7, BK09-81458-TJM, A11-8096-TJM (Mar. 25, 2013) 03/25/2013

    The court granted the defendants’ motion to alter or amend the portion of a fraudulent transfer summary judgment order concerning the plaintiff’s entitlement to a presumption of intent to defraud. The court denied the motion to alter or amend with regard to the applicable standard of good faith under the Nebraska Uniform Fraudulent Transfer Act.

  • 03/19/2013
    James Dennis Severa & Julie Anne Otten, Ch. 11, BK11-82511-TJM (Mar. 19, 2013) 03/19/2013

    The debtors previously entered into a stipulation settling a motion for stay relief filed by the creditor holding liens on numerous rental properties owned by the debtors. The stipulation contained a provision that any attempt by the debtors to modify its terms without the creditor’s express written consent would be an event of default which would automatically terminate any stay or injunctive provision of the Bankruptcy Code. The debtors later moved to modify the amount of adequate protection payments, based on changed circumstances. The creditor deemed this an event of default and moved for relief from the stay.

    The court denied the debtors’ motion to modify the adequate protection payments, finding unconvincing evidence of changed circumstances. The court also denied the creditor’s motion for relief, finding that the default provision in the stipulation gave the creditor too much power at the expense of the debtors’ rights under the Bankruptcy Code. “Although the stipulation was negotiated in good faith, and approved by this court, it is the function of the court to determine if there is cause for relief from the automatic stay. The parties cannot negotiate away the authority of the court or the right of a debtor in bankruptcy to request relief from the court.”

  • 03/15/2013
    Pelstar Dev., LLC v. Robert Lee Pelshaw (In re Pelshaw), Ch. 7, BK10-80982-TJM, A10-8035-TJM (Mar. 15, 2013) 03/15/2013

    The debt resulting from a limited liability company manager’s unauthorized use of company funds was non-dischargeable under § 523(a)(4). The debtor admitted to acting in a fiduciary capacity as the manager, and his misappropriation of funds constituted defalcation by a fiduciary. The court also awarded pre- and post-judgment interest on the debt.

  • 03/14/2013
    Navarone A. Summers, Ch. 13, BK12-42667-TJM (Mar. 14, 2013) 03/14/2013

    The court sustained a creditor’s objection to confirmation of the debtor’s Chapter 13 plan on the basis of the proposed post-confirmation interest rate on the debt. The court ruled that the debtor should pay the contract rate of 8.5 percent, rather than the formula rate of 5.25 percent, because of the significant degree of risk the creditor will face. The debt was delinquent on the petition date, the debtor had not made payments pursuant to the plan, and there would be delays and possible additional costs before the creditor could collect if the case was dismissed.

  • 03/12/2013
    Richard D. Myers, Ch. 7 Trustee v. Fidelis, L.L.C. (In re Daniel M. Malone), Ch. 7, BK10-81962-TJM, A12-8034-TJM (Mar. 12, 2013) 03/12/2013

    In this fraudulent transfer action, the court denied the defendant transferee’s motion for summary judgment on the grounds that factual issues exist as to whether there was any unencumbered value in the property that was transferred and whether the debtor received a reasonably equivalent value for the transfer. Additional evidence is needed to explain the difference between the valuation of the property on the debtor’s financial statement and the valuation of the property in the asset purchase agreement executed approximately two months later.

  • 03/12/2013
    Alan Quincy Sealy & Ruth J. Sealy v. United Guaranty Residential Insurance Company of North Carolina (In re Sealy), Ch. 13, BK12-80390-TJM, A12-8072-TJM (Mar. 12, 2013) 03/12/2013

    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, interpreting Nobelman, permits wholly unsecured liens to be stripped off.

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