The debtors' Chapter 13 plan may not discriminate among unsecured creditors by giving preferential treatment to an unsecured claim resulting from a bad check unless the debtors can show they will face criminal prosecution if the debt isn't paid in full
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.
The court has broad discretion in determining the proper remedy for a fraudulent conveyance. Here, where debtor received no benefit from the conveyance, the appropriate remedy was to annul the note & mortgage and return debtor to its previous position
Collateral is valued as of the confirmation date, so post-petition increases in value are included when the claim is determined. The plan could not be confirmed, however, because debtors proposed to keep property before paying all creditors in full
Reported at 98 B.R. 490. Post-confirmation, funds held by the Ch. 13 trustee are property of the debtor, not the estate, & the IRS's levy on such funds doesn't violate the stay. The bankruptcy court can't interfere with tax collections from non-debtors
The Chapter 11 farm debtors were denied confirmation of their plan; it was not feasible and it violated § 1129(b)(2)(B). In addition, the creditor did not hold a security interest in government farm program commodity certificates paid to the debtors
Sovereign immunity protected the United States and the State of Kansas from the plaintiff's complaint for conversion, and neither party had waived immunity under § 505 or § 106, so the bankruptcy court lacked subject matter jurisdiction over them
The debtors' appeal was interlocutory. The appeal concerned matters, such as adequate protection and participation in farm programs, that were not final because the underlying disputes were not finally resolved.
Under Rule 9006, a complaint was filed out of time. A prior order said time would begin to run when requested discovery documents were received, so a letter notifying plaintiff that all such discovery had already been provided started the clock running
On appeal, the district court affirmed the bankruptcy court's decision as to the appropriate interest rate for allowed secured claims in Chapter 12. The district court also affirmed the confirmation order over objections to valuation & feasibility
Debtors may use cash collateral to plant crops, to the extent of the adequate protection value available through crop insurance & marketing contracts. However, risks to the creditor are too high to permit cash collateral to be used to buy feeder calves