A default judgment against the debtor in a personal injury lawsuit was non-dischargeable under § 523(a)(6) because the debtor deliberately, intentionally, willfully and maliciously operated his vehicle without purchasing liability insurance
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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.
In a priority dispute between a mortgage lienholder and the debtor's attorneys regarding their respective rights to certain crop proceeds, the mortgage holder's lien would be subject to the attorneys' lien if the attorneys could prove up their lien
The court allowed interim legal & professional fees to be paid immediately, over objection of an administrative expense creditor holding a claim for rent, because there were funds available for the professional fees but not for other admin. expenses
On appeal, the district court affirmed the denial of confirmation of the debtors' Chapter 11 plan because the proposal to pay the creditor's unsecured claim over time with no interest was not fair and equitable, & it violated the absolute priority rule
On appeal, the district court affirmed the order denying a creditor's motion for relief from stay, but noted that while the debtor carried her burden of proof as of the date of the hearing, circumstances at the time of the appeal may have warranted relief
The court overruled debtors' objection to the Commodity Credit Corporation's ("CCC") claim for missing sealed grain. The CCC covered certain theft losses if there was no negligence involved, but the debtor was unable to prove he had not been negligent
The district court dismissed the debtor's appeal for lack of diligent prosecution
The debtors held capital credits in their local telephone company, which could be paid out only upon the death of a patron or the bankruptcy of a corporation. An individual patron's bankruptcy did not require the company to pay the credits to the trustee
Under Chapter 12, a debtor's plan may provide for severing the homestead portion of his farm from the rest of the real estate covered by his mortgage and paying for it in cash, while paying off the secured claim on the remainder of the farm land over time
On appeal, the district court affirmed the denial of relief from the stay for cause. Debtors' failure to file an amended Chapter 13 plan was not a willful failure to abide by a court order, so § 109(f)(1) did not preclude their subsequent Chapter 11 filin