The district court affirmed an order denying relief from stay to a wholly unsecured junior lienholder. Because the collateral had no value for this creditor, there was nothing to adequately protect and the creditor had no standing under § 362(d)(2)
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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.
Reported at 47 B.R. 258. § 523(a)(5) is unconstitutional to the extent it allows discharge of debts for children born outside marriage; it should be read to cover all child support debts. Overrules In re Fenstermacher, 31 B.R. 77 (Bankr. D. Neb. 1983)
The court denied confirmation of a Chapter 11 plan because it proposed less-than-full payment to a class of unsecured creditors while reserving to current equity security-holders the exclusive right to purchase stock in the reorganized corporation
The district court reversed a denial of plan confirmation, finding that the power to cure a residential mortgage default under § 1322(b)(5) carried with it the power to "de-accelerate" payments, so the plan's proposed arrearage-cure was confirmable
The district court affirmed the bankruptcy court order granting relief from stay because the debtors failed to object or appear at the hearing. The district court found that debtors had been provided with appropriate notice of the stay-relief hearing
Reported at 47 B.R. 193. In a dispute between two unsecured creditors, one of which held a capital debenture from the debtor to secure a loan made to the debtor's sole shareholder, the court declined to order subordination of the debenture-holder's claim
District court affirmed bankruptcy court order granting a secured creditor's motion to convert case to Chapter 7 because debtors exceeded the Chapter 13 debt limit. The unsecured portion of partially secured debt was properly part of the calculation
On appeal, the district court affirmed the bankruptcy court's July 27, 1983, decision and dismissed the appeal because the appellant failed to abide by the court's briefing order
Reported at 46 B.R. 173. The bankruptcy court held that it lacked jurisdiction under 28 U.S.C. § 157(b)(2)(F) to conduct a trial on a preference claim. The court concluded that vesting such jurisdiction in a non-Article III court was unconstitutional
District court reversed and remanded bankruptcy court's dismissal of the debtor's petition, with instructions for the court to take evidence on whether the debtor was an "individual with regular income" and therefore eligible for Chapter 13 relief