Former creditor filed adversary proceeding seeking turnover of debtor's patent interests as property of the estate. A non-creditor does not have standing to bring an adversary proceeding. A creditor or other interested party may do so, with permission.
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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.
Deed of trust that was security for a stated debt of $1,100 rather than the full debt of $11,000 was the result of mutual mistake and could be reformed under Nebraska law to reflect the parties' intent
Contractor, although an innocent party, had no equitable lien on funds held by the project lender after the project owner defaulted, because there was no legal basis for giving a construction lien claimant priority over the holder of first mortgage
The district court found the debtors' appeal of an order overruling their objection to trustee's motion to sell to be moot because, in the interim, debtors converted their case from Chapter 7 to Chapter 11, which terminated the trustee's authority
Debtor owned undivided half interest in farm as tenant-in-common with her sister. Debtors wanted to sell the land to fund their plan. They didn't plead section 363(h), so couldn't sell sister's half of the farm, but could pursue partition in state court
Debtors objected to claim of company which sold credit life insurance & credit disability insurance, asserting the policies were void under Nebr. law for lack of delivery. Objection was overruled, as debtors had notice of & received benefit of policies
Court reopened an involuntary Chapter 7 case filed under the Bankruptcy Act to permit the debtor to schedule a pre-petition debt he inadvertently omitted and to file an adversary proceeding to determine the debt's dischargeability
Absolute conflict of interest requiring disqualification of trustee's counsel existed where the firm also represented the debtor's sole officer and shareholder in tax court, taking a position contrary to that taken in the adversary proceeding
Debtor moved to set aside an order granting relief from the automatic stay; after discussing Federal Rules of Civil Procedure 59(e) and 60(b) and Federal Rules of Bankruptcy Procedure 9006, 9023, 9024 and "excusable neglect," the court denied the motion