After trial, the court allowed the plaintiff to amend its complaint to conform to the evidence. As to the lien priorities between the parties, the bank's prior perfected lien in crop proceeds had priority over the input supplier's statutory liens.
You are here
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.
The widowed debtor was entitled to claim a homestead exemption because the exemption for married persons survives death. She could not claim an exemption in her car as a tool of the trade because she was retired and did not use the car to commute to work.
Objection to homestead exemption denied, as the exemption for married persons survives death and because "head of a family" definition in Neb. Rev. Stat. section 40-115 applies to widowed persons
The court ordered the debtor to amend his Chapter 11 disclosure statement with information to clarify the treatment of obligations owed to objecting creditors, to deal with the payment of income taxes, and to support his valuation of certain assets.
The personal representatives of the debtor's mother's probate estate obtained relief from the stay to litigate in probate court the debtor's right to an inheritance and the estate's right of set-off for money debtor owed to the probate estate.
A debtor filed a preference action against her husband, also a debtor in a separate case. However, the parties agreed that the movant did not owe an antecedent debt to the defendant, so there was no basis for the preference action.
The appointment of a Chapter 11 trustee under § 1104(a)(2) was in the best interests of the debtor's limited partners, as it would permit them access to the debtor's books and records and allow them to negotiate with creditors to save their investment.
The creditor could present evidence of its claims of conversion of assets as part of the plan confirmation litigation in bankruptcy, so the creditor did not need relief from the stay to move forward on state court litigation concerning the same issue.
On a confirmation objection to debtor's housing expense, the court declined to interfere with such personal decisions absent an extraordinary reason to do so. Plan feasibility was not an issue, so there was no reason to second-guess expenditures.
The more specific medical lien statute, Neb. Rev. Stat. § 52-401, takes precedence over the general exemption statute, Neb. Rev. Stat. § 25-1563.02, so the medical provider's lien defeats the debtors' claim of exemption in personal injury proceeds.