The parties had a bank card processing agreement, which in a previous order, was held to be assumable. The debtor sought to enforce payment terms under the contract, but it failed to show a threat of irreparable harm, so its motion for TRO was denied
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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.
Married debtor filing bankruptcy by himself may not claim both a homestead exemption and a section 25-1552 "in lieu of homestead" exemption. The available funds from the disallowed exemption should go to unsecured creditors through the Chapter 13 plan
A contract consisting of a stock sale agreement and assignment of contract, secured by a deed of trust, was not ambiguous, and therefore reference to parol evidence to gauge the intent of the parties at the time of making the agreement was unnecessary
Mortgage creditors' motion for relief was denied. The court's prior order did not change the payment due date, and debtor was current on her payments. Sanctions will be imposed if the creditors file a motion for relief without a valid basis for doing so
Debtor developed & marketed bank cards. A customer attempted to terminate their agreement, so debtor moved to assume the contract. The court permitted assumption, as it was not a personal services contract & debtor adequately assured future performance
The IRS's right to set off its claim with the debtors' tax refund survives plan confirmation; otherwise, the debtors may receive a windfall. IRS can obtain relief from the stay to accomplish the set-off because the debtors offer no adequate protection
After business was liquidated & proceeds distributed to secured creditors, DIP's insurance carrier sought to surcharge secured creditors for unpaid post-petition premiums. Court allowed surcharge under section 506(c) because it benefitted sec. creditors
Debt was non-dischargeable under section 523(a)(2)(B) because debtor submitted a credit application containing a materially false statement, which he knew was false & which he intended the creditor to rely upon in extending credit & delaying collections
Automatic stays and confirmed plans do not affect redemption periods under state law. Here, the automatic stay did not extend the redemption period, nor could the debtor use extended installment payments under his plan to redeem the property
A statutory feed lien is different from a U.C.C. Article 9 lien. The lien does not continue indefinitely, and is perfected only as to feed delivered under a particular contract. The supplier should file a new notice of lien for subsequent deliveries