After trial, the court determined that the debtors' Chapter 12 plan was filed in good faith. The evidence indicated that the objecting creditor's missing cattle became sick and died, not that the debtors converted the cattle to their own use.
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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.
Summary judgment was granted to creditor on debtor's attempt to rescind residential deeds of trust given as collateral. The TILA notices were sufficient, despite an isolated typographical error as to the cancellation deadline in one of the notices.
The court denied confirmation of debtor's plan as not proposed in good faith. Debtor improperly claimed the money paid each month to his business partner to purchase a larger ownership interest was "debt" but the court held it to be additional income.
The bankruptcy court did not have jurisdiction over a dispute between a non-debtor and a creditor over the non-debtor's liability on certain joint credit card debt, as it was neither a core proceeding nor otherwise related to a case under Title 11.
Too many questions of fact existed for the court to grant summary judgment on the issue of whether the debtor's corporate officers could be held personally liable for the debtor's failure to make required contributions to its employees' ERISA plans.
The automatic stay does not apply to the perfection of a security interest within 20 days after purchase, so an intervening bankruptcy filing did not cut off the lienholder's right to assert the "enabling loan" exception to a preferential transfer.
The court found that certain dealers of the debtor's product met all of the requirements to be buyers in the ordinary course of business under Iowa commercial law, so their interest in the sale proceeds had priority over the lender's security interest.
The proper distribution scheme in this Chapter 7 administratively insolvent case should limit an administrative claimant's recovery to the pro rata share of assets it would have received if all payments had been delayed until the final accounting.
Corporate officers who were held to be responsible parties for unpaid withholding taxes could file a claim against the debtor, a fellow corporate officer, on behalf of the Nebraska Department of Revenue. A trial was necessary to determine liability.
The court granted debtor's request to reopen the adversary and vacate a $300,000 judgment entered against him as sanctions for failing to respond to discovery. The judgment was unwarranted, as debtor had in fact responded to the best of his ability.