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
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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.
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
Debtor's prior Ch. 13 case was dismissed for plan payment default and failure to file an amended plan. The circumstances do not indicate a "willful failure" to abide by court orders, so the filing of the second case did not violate section 109 (g)(1)
A joint debt assumed by debtor when the parties divorced was dischargeable in bankruptcy. His default on the debt did not rujn afoul of 11 U.S.C. section 523(a)(4), nor was it willful or malicious under 523(a)(6)
An interest in a limited partnership owned by a non-debtor company but listed as an asset of the debtor was not property of the bankruptcy estate and could not be used to pay the debtor's creditors
Debtor sold property for bank pre-petition but failed to turn over proceeds, instead paying its own creditors. Trustee filed avoidance/preference actions against those creditors. As between bank and trustee, court held the recovered funds belong to bank
Reported at 179 B.R. 646. The court ruled that the debtor's tax liability was dischargeable under 11 U.S.C. section 523(a) (1) (B) (i) because he had signed and delivered to the IRS a document "equivalent to" a tax return for the tax years in question.