The court found that the automatic stay applies to protect a bankruptcy trustee from a levy by a party attempting to obtain property from the estate. Also discusses the elements necessary for a temporary restraining order to issue
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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.
This opinion discusses the appropriateness of an enhanced fee for special litigation counsel, based on findings under 11 U.S.C. section 330(a) and whether the lodestar amount should be adjusted upward for exceptional service and superior results
Opinion deals with trustee's reluctance to challenge a claim, believing that Eighth Circuit precedent in this case precludes him from objecting to the claim. The opinion discusses the differences between claims litigation and discharge objections
A settlement agreement reached in court, read into the record, and approved by the judge is a valid contract and binding on all parties to it, even if one party subsequently has a change of heart before the paperwork is completed and signed
Preference action. Summary judgment granted in part after an extensive discussion of what constitutes an insider for purposes of 11 U.S.C. section 547(b). Summary judgment denied as to the remaining elements because material factual issues exist
The court allowed an over-secured creditor to amend its proof of claim to include post-petition attorney's fees and expenses pursuant to 11 U.S.C. section 506(b); submission of a fee application pursuant to Bankruptcy Rule 2016 was not necessary
Credit card debt incurred shortly before petition date for living expenses and expenses related to the debtor's marital dissolution is nondischargeable under 11 U.S.C. section 523(a)(2)(A) because debtor knew when he incurred it that he couldn't repay it
Actions by trust deed holder who -- postpetition but without knowledge of the bankruptcy -- foreclosed on debtor's property and received a trustee's deed were void because they violated automatic stay. Debtor's plan may provide for payment of the claim
Chapter 7 debtors were permitted to convert to Chapter 13 although there was a question regarding a right to an exemption, which would affect whether unsecured creditors received anything. Plan feasibility is a confirmation issue, not a good-faith issue
Attorney fee application filed as administrative expense claim was disallowed. Pre-petition fees were not administrative expenses; post-petition work on federal lawsuit did not benefit estate; and attorney lien filed post-petition violated automatic stay