Proposed plan modification is not confirmable because the debtor's method of valuing the portion of a claim secured by real property remaining after surrendering most of the property to the creditor may negatively affect the creditor's 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.
Debtors sought to enjoin Ford Motor Credit from repossessing their car after Ford obtained relief from the stay to do so. The court denied the injunction, finding that debtor's purported lack of notice did not demonstrate that their interests were harmed
Richman Gordman Stores, Inc., BK92-81073, Ch. 11 (motion to appoint creditors' committee) 10/27/1992
One creditors' committee was appointed for three consolidated debtors. Creditor's motion to appoint a separate committee for this debtor was denied, because there was no evidence the existing committee didn't adequately represent this creditor's interest
Debtor may hold onto cash collateral in an interest-bearing account, in case he needs it to fund his plan of reorganization. He cannot use the money without order of the court or agreement of the creditor
Further claims litigation is necessary before the court can determine whether the attorneys' fees of the original claimholder should appropriately be included as part of the current claimholder's claim under 11 U.S.C. section 506(b)
A plan provision by which an unsecured creditor will not receive payments until 18 months into the plan does not constitute irreparable harm to the creditor. With proper evidence, the creditor may obtain relief to collect from the non-debtor co-signer
Preference was avoided. The creditor's defense that the claim is barred by a prior settlement agreement is unavailing, in part because the settlement agreement was not approved by the court or served on other parties, so it does not bind the estate
Debtors' case was dismissed as having been filed in bad faith. Their previous cases were filed to interfere with a creditor's rights, and they were not eligible for the chapter they filed under, but falsified documents to make it appear they were
Under 11 U.S.C. section 505, the bankruptcy court may determine a debtor's tax liability unless the liability has been finally determined through a pre-petition contest process and adjudication by a judicial or administrative tribunal
Debtor moved for turnover of garnished funds as subject to a child-support order and as exempt. The court found the garnishment to be superior to the support order, but ruled the debtor could avoid the lien on the exempt portion of the garnished funds