Any damages arising from the debtors' alleged breach of fiduciary duty – a tort claim – would constitute a contingent, unliquidated debt, which is not included in the § 109(e) debt computation when considering eligibility for relief under Chapter 13
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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.
A pre-petition consent judgment which compromised and settled the parties' state court replevin action and all matters arising from it included the lender's right to pursue a deficiency judgment, so that part of the bankruptcy claim was disallowed.
The district court affirmed the bankruptcy court's ruling that the creditor car dealer's interest was adequately protected, there was equity in the vehicle, and it was necessary to the reorganization, so no cause existed to grant relief from the stay
On appeal, the district court affirmed the bankruptcy court's decision finding that, in a fraudulent transfer action, a sales price that was equivalent to 75% to 80% of the property's fair market value was reasonably equivalent for purposes of § 548
Federal regulations overrode state-law security interests and exempted the debtors' Commodity Credit Corporation ("CCC") certificates, and any proceeds thereof, from the lender's security interest in the debtors' contract rights and accounts
The creditor violated the automatic stay by filing a state court fraudulent conveyance action against pre-petition transferees of the debtors' property. The lawsuit was an attempt to recover on the creditor's claim, in violation of § 362(a)(6)
For purposes of a Chapter 12 plan, the valuation date is the confirmation date. The Wichmann rate is the appropriate interest rate. Its 2% risk factor takes operating costs into consideration without the necessity of an individual analysis in each case
The court dismissed debtors' Chapter 12 case because it had been filed to invoke the automatic stay that was lifted in their pending Chapter 7 case. The debtors hadn't shown any changed circumstances, so the second filing abused the bankruptcy process
Pursuant to § 348(a) and § 541(a)(5)(A), an inheritance acquired by a debtor more than 180 days after the original Chapter 11 petition date, but fewer than 180 days after the date the case was converted to Chapter 7, is not property of the bankruptcy esta
The dollar value of property that may be claimed as exempt under state law is the statutory amount in effect on the petition date, rather than the amount listed in the statute that was in effect at the time the parties entered into their security agreemen