Reported at 102 B.R. 183. IRS’s lien for taxes should be treated as a secured claim. Debtor didn’t have sufficient assets for a lien for two years of tax assessments to attach, so the claims for those years should be treated as priority under § 507(a)(7).
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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.
Reported at 107 B.R. 662. Farm Credit Bank’s motion for relief to pursue foreclosure was denied because it had not determined whether the debtors’ loan was distressed and subject to restructuring, as required by the Agricultural Credit Act of 1987.
Reported at 96 B.R. 966. Chapter 9 precludes the court from ruling on the appropriateness of using debtor’s bond funds to pay administrative expenses on an interim basis. State law governs such distributions, other than through a plan of adjustment.
A right of set-off is in the nature of a counterclaim allowing for the payment of a net amount between those who owe each other money. While the set-off right is treated as a secured claim in bankruptcy, it is not a lien and cannot be avoided as a prefere
Reported at 94 B.R. 157. Debtor filed a voluntary Chapter 11 petition, effecting a conversion of the existing involuntary Chapter 7 case. The date of commencement relates back to the Chapter 7 filing date and the transfer at issue therefore was post-petition and not avoidable.
Debtor filed a voluntary Chapter 11 petition, effecting a conversion of the existing involuntary Chapter 7 case. The date of commencement relates back to the Chapter 7 filing date and the transfer at issue therefore was post-petition and not avoidable
Debtor filed a voluntary Chapter 11 petition, effecting a conversion of the existing involuntary Chapter 7 case. The date of commencement relates back to the Chapter 7 filing date and the transfer at issue therefore was post-petition and not avoidable
In Chapter 7, the fair market value of real estate in which a homestead exemption is claimed is its liquidation value. A trustee should not sell such property if, after deducting costs, liens, & the exemption, the estate will receive little or no benefit.
Non-debtor wife's purported settlement agreement with bank to end bank's § 727 and § 523 lawsuit against debtor husband wasn't voidable for duress or rescindable based on wife's untimely performance, but was unenforceable for lack of consideration
A corporate debtor must be represented by counsel and cannot appear through or be represented by a non-attorney corporate officer and shareholder. Accordingly, stay relief – limited by the Agricultural Credit Act of 1987 – was granted to the creditor.