Debtor's former wife obtained a judgment lien on debtor's equitable interest in certain real estate when the state court appointed a receiver at her request. Because that state court order met the elements of § 547, the lien was avoided as a preference
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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.
This copy of the opinion is incomplete. The court avoided as a preference a judicial lien put on the Chapter 13 debtors' property within 90 days of the petition date, but declined to limit the avoidance to the amount that would have been exempt in Chapter
Bank failed to note its lien on a certificate of title, so it did not have a perfected security interest in the debtor's vehicle. Its alleged lien was avoided. To the extent the proceeds of the vehicle's sale were not exempt, they were property of the es
On debtors' claims objections, the court found the bank hadn't waived a deficiency claim by holding collateral for an extended period before selling it, as the debtors caused the delay. A valuation hearing was necessary to determine the claim amounts
Involuntary Chapter 7 petitions may be filed by a "holder of a claim." The statute doesn't distinguish between secured & unsecured creditors when determining the number of claimholders. Also, involuntary cases can't be filed against joint debtors
The debtor's attempt to relitigate in bankruptcy court a creditor's claim that previously was litigated in state and federal court was barred by the doctrine of res judicata. Moreover, there is no public policy exception to the rule of res judicata
On appeal, the district court reversed the bankruptcy court order regarding attorney fees as part of an allowed secured claim. The district court ruled that under § 506(b), attorney fee agreements are enforceable notwithstanding contrary state law.
The debtor transferred her house to her adult daughters more than one year before the petition date, retaining a life estate. The transfer, for no consideration and made while she was insolvent, reduced her assets and thus was a fraudulent conveyance
The payment rights of SID bondholders differ significantly from those of warrantholders under Nebraska law, so a Chapter 9 SID debtor's plan of arrangement may classify bondholder claims separately from and superior to the claims of warrantholders
On appeal, the district court reversed the bankruptcy court's dismissal of the lawsuit for lack of standing. The district court found that it was a state-law conversion action – for which the bank had standing – rather than a § 549(a) avoidance action