Reported at 177 B.R. 319. Attorneys who want their clients to reaffirm pre-petition legal fee installment agreements must request a hearing pursuant to 11 U.S.C. § 524(c)(6) and (d) to confirm that the debtors are fully informed of their rights.
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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.
The rights of a creditor whose claim is secured only by a security interest in real property which is the debtor's principal residence cannot be modified by the terms of a proposed plan, pursuant to 11 U.S.C. section 1322(b)(2)
Dismissal of a bankruptcy case after the allowance of fees and expenses under 11 U.S.C. section 506(b) does not render the award of fees and expenses moot or unenforceable
Debtor's failure to inform court and creditors of post-petition rental income from inherited property and subsequent sale of the property did not cause plaintiff's debt to be excepted from discharge under section 523(a)(4) or (a)(6)
Supplemental order on the issue of justification for a secured party's interference with the debtor's business contracts, finding under the Restatement of Torts and common law that the bank's interference was improper and unjustified
Opinion after remand from the Eighth Circuit, finding that, under Nebraska law, the bank tortiously interefered with the debtor's contractual relationships and caused damage to the plaintiffs
Published at 177 B.R. 315. Farm input provider had a security interest in crops growing at the time its fertilizer and chemical lien expired. The phrase "produced within one year" in the Nebraska fertilizer lien statute means the lien applies to crops growing within one year of the lien's perfection, and not simply to crops that had been harvested within that period.
A debtor does not have an absolute right to dismiss case under 11 U.S.C. section 1208(b) if a showing of fraud has been made under section 1208(d). Here the debtor acted fraudulently in transferring & hiding assets to avoid paying a deficiency judgment
Court retains jurisdiction over Chapter 9 cases until the plan of adjustment is successfully executed. Thus, it has jurisdiction to oversee city's assumption of SID obligations under the plan after the city's annexation of the SID
Debtors' attempt to use the trustee's power to set aside a state court judgment against their partnership will not be condoned by the court because the debtors appear to be attempting to manipulate the powers of the bankruptcy system