While debtors' plan was silent on the treatment of the county's real estate tax lien, Nebraska law as applied by the state and bankruptcy courts acknowledges the county's lien priority, so, upon sale, taxes should be paid ahead of the secured creditors
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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.
The court ruled that the bank didn't have a security interest in wife's half of the farm assets because she didn't execute any security instruments. The bank did hold a security interest in post-petition crops planted with pre-petition cash advances
Robert & Dorothy Kopecky v. James Kopecky (In re James Kopecky), Ch. 7, BK87-2833, A88-70 08/26/1988
Co-debtors who paid off a debt to prevent foreclosure had standing to pursue an adversary proceeding under §§509 and 510 because the trustee did not properly abandon the property and because their payment may have given the debtor equity in the property.
The debtor's appeal to the district court was dismissed because he failed to abide by procedural rules and timely file a designation of record or statement of issues despite being granted repeated extensions of time to do so
The court found debtor to be eligible for Chapter 13 relief because his non-contingent, liquidated, unsecured debts were below the § 109(e) limit and because, although self-employed, he had sufficient regular income to maintain repayment of debts
Debtor was owed money by his former employer. He also signed a promissory note for money owed to the former employer. When debtor defaulted on the note, the former employer's right of set-off came into effect and was a defense to debtor's turnover motion
Sovereign immunity protected the State of Nebraska from the plaintiff's complaint of conversion, so the bankruptcy court lacked subject matter jurisdiction over that portion of the complaint. The State had not waived the immunity under § 505 or § 106
The district court dismissed a creditor's appeal of the denial of a jury trial in a core proceeding. The issue on appeal was the constitutionality of the bankruptcy court's authority under 28 U.S.C. § 1411, which the district court held was inapplicable
The court imposed monetary sanctions against the State of Nebraska and its legal counsel under Rule 9011(a) for refusing to withdraw an unwarranted non-dischargeability complaint it filed against a corporate debtor and a non-debtor individual.
Reported at 117 B.R. 510. The lessor of personal property under a lease that is not assumed or rejected is entitled to an administrative expense claim equal to the fair rental value of the property during the debtor's post-petition possession of it.