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
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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.
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
The bankruptcy court adopted the state court's factual findings as to the existence of a business partnership and found the debtor's use of the partnership account to be a defalcation by a fiduciary, excepting the debt from discharge under § 523(a)(4)
The debtor's actions in making and breaking real estate leases with the Omaha Tribe constituted willful and malicious injury to property under § 523(a)(6), rendering non-dischargeable the judgments against him for breach-of-contract damages
Hearing on creditor's objection to claim; trustee had already objected to the claim in question and was overruled. The creditor may object to the claim, because the trustee did not present evidence at hearing. Motion to reconsider the claim granted
Creditors who were given second mortgages on real estate to secure the use of cash collateral in debtors' Chapter 11 case were entitled to receive a "lost opportunity cost" in addition to their principal when the property was liquidated and distributed
The bankruptcy court dismissed this Chapter 11 case upon finding on its own motion, after a hearing, that an inter vivos trust had all the characteristics of a family trust and few, if any, of a business trust, and therefore was not eligible to be a debto