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)
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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.
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
Court refused to confirm Chapter 12 debtors' second post-confirmation weather-related plan modification, suggesting that the debtors' inability to make payments indicates that the plan as proposed is not feasible and is unfair to creditors
Motion to dismiss confirmed Chapter 12 case is denied. Creditor alleges fraud and a material default by the debtor, but the evidence regarding allegedly missing equipment was insufficient to establish intentional misrepresentations or disposal of assets
Defendant subcontracted with debtor for a security system installation project. Work delays and disruptions, although caused by the project owner, were ultimately the responsibility of the defendant, so it was liable to debtor for the additional costs
The adversary proceeding was filed to determine the debtors' tax liability. Their taxable income results from their farming operation, corporate interests, investments, and commodities futures transactions, so the court separately analyzed each issue