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
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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 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
The court dismissed this Chapter 12 case because the debtors did not meet the definition of family farmers. They had no livestock or machinery and did not operate their farm. Rather, they received cash rent for the land and wages for labor they provided.
Just before filing bankruptcy, the debtors used the proceeds of unencumbered assets to purchase an exempt annuity. The court overruled objections to their proposal to use the annuity's value to fund their Chapter 12 plan, finding no bad faith or fraud
On appeal, the district court affirmed the bankruptcy court, finding creditor's mechanic's lien invalid because the creditor contracted with a separate entity and didn't have a contract with the owner of the real estate upon which the lien was placed
The court found that the ASCS/CCC violated § 525(a) by calling the debtors' loan in retaliation for the discharge of the creditor's unsecured claim. The creditor had not objected to the terms of the confirmed Chapter 12 plan & therefore was bound by them
A debtor's bankruptcy did not preclude a creditor from pursuing collection attempts against non-bankruptcy debtors. This debtor's Chapter 12 plan was not feasible because it relied too heavily on labor and management input from her non-debtor son