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
You are here
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.
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
Creditor's post-petition repossession of debtor's vehicle and refusal to return it until ordered to do so was a willful violation of the automatic stay, and was egregious enough to warrant imposition of sanctions in the form of punitive damages
Debtor filed bankruptcy just as City prepared to demolish one of his properties pursuant to a condemnation order. City's actions are excepted from the automatic stay under 362(b)(4). Debtor did not meet the Dataphase factors for a TRO to stop the City.
Debtors created a trust pre-petition, but did not complete transfer of corporate stock into it until after filing the bankruptcy case. They believed the stock had been transferred, & acted accordingly. Court found no fraud or concealment of assets
State court judgment against debtor & debtor's management for conspiracy to defraud led to the filing of this case, but it doesn't require the company to be run solely for the benefit of the judgment creditor. No cause currently exists to appoint trustee
Debtor sold insurance policies for Amoco. Some policies were cancelled & those premiums refunded. Parties' agreement didn't require debtor to pay back commissions earned on refunded premiums. Also, Amoco had no cause to terminate the parties' contract
The parties had two separate contracts. The construction liens filed under the second contract were subject in priority to previously filed deeds of trust. There is no evidence to support equitable subordination in favor of the construction liens