On appeal, the district court dismissed an appeal that was both interlocutory and moot, ruled that the appeal of the dismissal of one debtor's case was moot, and affirmed the denial of another debtor's motion for contempt sanctions against a creditor
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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.
Nebraska law allows post-judgment interest to be collected on unsatisfied debts; changes in the statutory interest rate do not affect the underlying right, so debtor's plan must include payment of interest at the statutory rate to judgment creditors
For bank's wrongful set-off, the creditor could recover the lowest intermediate balance of commingled funds, but the court found no breach of fiduciary duty by the bank & no basis for imposing a constructive trust in funds held by bankruptcy trustee.
The court overruled the defendant's request to reconsider its solvency calculation. The court found the debt at issue was properly included in the balance sheets of both this debtor and a related entity because both entities were liable for the debt
When the value of real estate is in dispute, the appraisal testimony submitted by each side should aid the court in fact-finding. Challenges to the opposing appraisal should focus on methodology and credibility, not personal attacks on the appraiser
Debtor signed "buy-out" documents with his employer a few hours after filing his Chapter 7 petition, so his right to receive payment upon ending his employment came into existence post-petition and therefore was not property of the bankruptcy estate
On appeal, the district court affirmed the bankruptcy court's order granting relief from the automatic stay for cause under § 362(d)(1) because the debtor did not insure the collateral, offer adequate protection, or file monthly operating reports.
The district court affirmed the decision to vacate an order converting debtor's Chapter 11 to a Chapter 13, finding that the debtor's state court appeal did not vacate the judgment and turn it into a contingent unliquidated debt for Chapter 13 purposes.
When debtors were unable to make a payment under their Chapter 11 plan, they filed Chapter 12 to forestall foreclosure. The court ruled that the case should proceed in Chapter 11. Debtors should have modified the plan instead of filing a new petition.
While an award of attorney fees in a marital dissolution action is often in the nature of support, the decision must be based on the facts of each case. Here, evidence of the parties' financial needs was insufficient to find the award non-dischargeable