Commercial landlord is entitled to administrative expense claim for rent under section 365(d)(3) for the post-petition/pre-rejection period, and under section 503(b)(1)(A) for the period between rejecting the lease and vacating the premises
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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.
Debtor's pension plan is not property of the bankruptcy estate because it contains a restriction on transfer of the beneficial interest. Therefore, the court has no jurisdiction to decide whether the property is exempt or whether lien on it is avoidable
Joseph Badami v. Joseph & D. Margaret Nelson (In re Nelson), A94-8140, BK92-81389, Ch. 11 02/20/1996
The court entered summary judgment for the trustee in a fraudulent transfer action where debtors transferred property into a trust of which they were co-trustees. The transfer was fraudulent under sec. 548(a)(1) because it was done to hinder creditors
Bank which deposited checks drawn on debtor's account but containing forged endorsements was not liable to the debtor. The bank handled the checks in a commercially reasonable manner under Articles 3 & 4 of the U.C.C., so it wasn't liable for conversion
Summary judgment denied on debtor's request to discharge her student loans because of undue hardship. Material factual issues exist which require an evidentiary hearing
State of Nebraska may amend proof of claim; penalties on post-petition tax liabilities are subordinated under section 510(c)(1) to general unsecured claims; and interest on post-petition taxes is allowed as administrative expense under section 503(b)(1).
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
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