On appeal, the district court affirmed the bankruptcy court's decision overruling the debtors' objections to the bank's proofs of claim and holding that the promissory notes at issue were valid and there was no evidence of fraud on the part of the bank
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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 a proof of claim filed three days after the bar date was nevertheless timely filed because of the mailbox rule (Rule 9006(f)). The claimant's other arguments regarding excusable neglect and informal proofs of claim were overruled
The transfer of property subject to an IRS estate tax lien divested the property of the lien. The IRS lien on remaining property was junior to prior perfected security interests. A Chapter 12 plan may modify the IRS's rights, including timing of payments
The transfer of property subject to an IRS estate tax lien divested the property of the lien. The IRS lien on remaining property was junior to prior perfected security interests. A Chapter 12 plan may modify the IRS's rights, including timing of payments
The district court, after warning the debtor of possible sanctions, affirmed or dismissed nine appeals of various orders of the bankruptcy court stemming from the debtor's challenges to the appointment of and actions taken by a Chapter 11 trustee
The district court reversed the bankruptcy court, ruling that the plaintiff creditor of one of two related debtors did have standing to challenge the trustee's designation of which of the two bankruptcy estates he would allocate recovered property to
The district court reversed the bankruptcy court, ruling that the plaintiff creditor of one of two related debtors did have standing to challenge the trustee's designation of which of the two bankruptcy estates he would allocate recovered property to
Plaintiffs, who are co-debtors with the bankruptcy debtor on a bank loan, may not assert the marshaling doctrine in the bank's efforts to collect from them on the defaulted loan. The doctrine is valid between creditors, not between creditors & debtors.
More than a year pre-petition, debtor mortgaged property as collateral for a loan to a related entity. The mortgage was avoidable as a fraudulent transfer under state law & § 544 because it rendered debtor insolvent & was made without fair consideration
The court permitted the debtors to use part of an exempt annuity to fund their Chapter 12 plan, finding that it would eliminate some interest and rental expenses and increase the plan's feasibility, although it may or may not affect net disposable income