On appeal, the district court affirmed the bankruptcy court's order denying confirmation of the debtors' amended post-confirmation plan, because the amendment appeared to be an attempt to improperly discharge certain unsecured deficiency debt.
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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.
An unexpired oral lease became property of the lessee's bankruptcy estate and, because it wasn't assumed, was deemed rejected even though the lessee continued to perform. In addition, the lessor gave proper notice of termination under Nebraska law.
Reported at 101 B.R. 128. Debtor, as company owner, president, & chief operating officer, was "responsible party" for non-payment of payroll taxes, and, because funds that could have been used for taxes went to pay other debts, his conduct was willful.
Objections to counsel's fee application were sustained for services that were of no benefit to the estate, such as filing the case in the wrong venue & twice traveling to confirmation hearings when it should have been clear the plans weren't confirmable
Farm debtors with distressed loans are covered by the protections of the Agricultural Credit Act of 1987, so lenders may not obtain rights that are unavailable to them outside of bankruptcy or take steps to enforce claims against property of the estate.
The district court dismissed the appeal, which alleged that the bankruptcy court lacked jurisdiction. In doing so, the district court noted that the bankruptcy court's formation, with full jurisdiction in the district court, was constitutional
Real property taxes assessed and levied pre-petition have first priority over all other claimants. Post-petition real estate tax assessments, levies, and liens are stayed under § 362(a), so the counties cannot sell tax certificates for those years.
The court held that a Chapter 11 trustee should be appointed in light of the current managers' gross mismanagement of the debtor in possession's affairs, including failure to account for assets, transfers to insiders, and payment of pre-petition debt
Absent competent evidence of special circumstances affecting valuation, the value of a debtor's fractional interest in real estate is equal to its proportionate part of the value of the whole, without reduction for potential costs of partition.
The district court dismissed two of the debtors' appeals as moot, and dismissed the third appeal on the grounds that the bankruptcy court's denial of the debtors' motion to impose sanctions for violating the automatic stay was not clearly erroneous.