Trustee could not recover an alleged preference because the debtor (an auction company) and its customer had a principal-agent relationship. The auction proceeds were held by the debtor as agent for the owner; they did not become property of the debtor
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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 court defers to the decision of the Interstate Commerce Commission concerning 30 instances of "undercharges" for interstate freight transportation by the debtor, a motor contract carrier, at rates less than the debtor's filed shipping rates
The court defers to the decision of the Interstate Commerce Commission concerning "undercharges" for freight transportation by the debtor, a motor contract carrier, at rates less than its filed shipping rates
A mortgage lien secured by three tracts of land cannot be avoided, even if the claim is undersecured. The Dewsnup v. Timm line of cases does not require a creditor to give up any part of a lien that serves as security for its allowed secured claim
A mortgage lien secured by three tracts of land cannot be avoided, even if the claim is undersecured. The Dewsnup v. Timm line of cases does not require a creditor to give up any part of a lien that serves as security for its allowed secured claim
Chapter 12 creditor's motion to sequester rents and profits was denied because the creditor did not have a perfected security interest in crops or crop proceeds under the UCC or under Neb. Rev. Stat. sections 52-1701 throught -1708
Creditor failed to file objection to discharge within 60 days after the first date for the section 341 meeting, so this lawsuit was untimely. The creditor had timely knowledge of debtors' potential wrongdoing, so there was no reason to enlarge Rule time
Chapter 13 debtors were not entitled to a discharge under section 1328 after making all plan payments because the plan payments were insufficient to pay IRS priority claim in full. Debtors were given additional time to complete payment of the IRS claim
Extensive discussion of the type of information necessary for a plan and disclosure statement to comply with 11 USC section 1125 and section 1129
The debtor's employment was terminated several months after he filed bankruptcy, but the employer had valid business reasons, unrelated to the bankruptcy, for doing so. The employer's actions did not violate 11 U.S.C. section 525(b)