The debtor operated a feedlot and fed cattle on a custom basis. This adversary proceeding was filed to determine a dispute over the ownership of a pen of cattle
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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.
Prepetition income tax obligations on embezzled unreported funds are not priority claims under section 507(a)(8) and are dischargeable in a Chapter 13 case
Debtor's motion to sell substantially all of the assets of one of its corporate divisions pursuant to 11 U.S.C. section 363(b)(1) was denied because the sale procedure appeared to be unfair to all but one bidder
Insurer lacked standing to surcharge bank's collateral under 11 U.S.C. section 506(c) for unpaid workers' comp premiums. Only a trustee may seek to surcharge for the expense of preserving or disposing of a secured creditor's collateral
IRS's motion to allow late filing of its claim was granted because the IRS was able to establish "excusable neglect" under Rule 9006(b)(1). No prejudice to the estate was shown, & certain factors contributing to the late filing were beyond IRS's control.
A debtor may not reclassify surrendered collateral as unsecured debt through a post-confimation plan modification. The creditor should be able to rely on the treatment of its claim and the amount of its allowed secured claim as determined at confirmation
Property abandoned by trustee appreciated in value over life of the plan. Debtors sold the property and trustee claimed the proceeds for unsecured creditors. The court denied that request, noting that creditors' best interests are fixed at confirmation
Debtor wife claimed in-lieu-of-homestead exemption in jointly held property. Creditor objected, arguing that only half of the property was exempt. Court permitted exemption, because joint tenant owns an undivided interest in the whole of the property
Summary judgment was denied on objection to discharge under 11 U.S.C. section 727(a)(3) and (a)(5) because a factual issue existed as to whether debtor's illness was a justification for his destruction of financial records
After an extensive discussion of the nature of "suspension of corporate powers" under California corporate law, the court determined that the corporate judgment-holder had standing to file claim, but a shareholder did not