The court granted lender-defendant's motion for summary judgment. Under Nebraska rules of contract construction, the written loan commitment between the lender & the debtor was unambiguous. The two provisions were independent and not conflicting
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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.
Trustee's objection to claim of exemptions is overruled. Nebraska exemption for workers' compensation benefits extends to the traceable use of such funds to an investment in a home for the workers' compensation recipient
Published at 228 B.R. 712. Debtor sought hardship discharge of student loan. Court ruled that section 106(a) of Bankruptcy Code is an unconstitutional abrogation of the State's sovereign immunity, and the State did not waive immunity by participating in federal student loan program.
Discussing confirmation requirements under sections 1129(a) and 1129(b)
Landlord's objection to debtor's abandonment of underground gasoline storage tanks was overruled. Landlord retained same remedy (claim for damages) in bankruptcy as he would have had outside bankruptcy
Debtor's professional accounts receivable are not exempt under Neb. Rev. Stat. section 25-1558
Order approving stipulation is binding and cannot be altered by the parties after intervening rights have become vested in reliance on the order
The debtor's interest in her ex-husband's 401(k) plan is exempt personal property. Trustee cannot claim post-petition alimony payments because debtor's right to payment accrues each month
Court denied defendant's motion for summary judgment. Debtors were third-party beneficiaries of a condition precedent contained in the loan documents, and a fact question existed as to whether the condition precedent was satisfied and/or waived
Debtor held power to exercise dominion and control over trust corpus on petition date, so trust corpus was property of the bankruptcy estate