Disallowance of creditor's claim for damages for breach of a lease as an administrative expense had no effect on its allowance as a general unsecured claim. The debtors may set off the security deposit against the amount of the unsecured claim
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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.
Deed of trust on marital residence signed by only one spouse before divorce decree became final severed the joint tenancy and encumbered only debtor's interest in the property. It didn't affect wife's homestead right. Creditors' secured claim was allowed
An oversecured creditor may recover post-petition -- but not pre-petition -- attorneys' fees and expenses because Nebraska law does not permit the recovery of attorneys' fees for collection efforts. Federal law doesn't supplant state law in this regard
Court denied debtor's application to employ its pre-petition accountant, who is a creditor, as the DIP accountant because section 327(a) is clear that professionals who are not disinterested are disqualified from employment on behalf of the estate
When debtors attempted to discharge their state income tax liability, state objected because no amended return was filed. Debtors' testimony about mailing the return, without more, was insufficient to overcome the presumption that it was not received
Pursuant to 11 U.S.C. section 365(d)(3), sub-lessor is entitled to payment of post-petition rent as an administrative expense claim for the period from the petition date to the date the court approved debtor's rejection of the lease
Court reconsidered order denying debtors' post-confirmation plan modification, reversing itself and permitting modification, holding that compelling reasons existed in this case to deviate from enforcing the parties' negotiated plan provisions
Debtors moved to modify their confirmed plan when they realized they wouldn't be able to make upcoming annual payments. Court denied the motion, ruling that negotiated stipulations in a plan should be given effect and should not be unilaterally altered
Debtor's lease required it to pay real estate taxes as part of its rent obligation. When it failed to do so, lessor paid the taxes post-petition and claimed an administrative expense. Court allowed the administrative claim because it benefitted estate
Jury verdict that debtor made false representations was based on same elements & standard of proof as in section 523(a)(2)(A), so issue could not be revisited here. Benefit to debtor's company rather than debtor was sufficient for nondischargeability