The court denied Chapter 11 trustee's request to employ former counsel for debtor as counsel for trustee, reasoning that § 327(e), by allowing trustee's employment of debtor's attorney for special purpose, prohibits employment for any other purpose
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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.
Consolidated hearing on debtor's motions to use cash collateral and for security determination, and creditor's motions for trustee and relief from stay. Creditor is secured, but motion for relief from stay denied. Debtor's motion to use cash denied
Consolidated hearing on debtor's motions to use cash collateral and for security determination, and creditor's motions for trustee and relief from stay. Creditor is secured, but motion for relief from stay denied. Debtor's motion to use cash denied
On appeal, the district court reversed the bankruptcy court, finding the admin. expenses incurred – including penalties & interest on payroll taxes – benefitted the secured creditor and should be paid from the proceeds of the creditor's collateral
A continuation statement filed more than six months before the expiration of a financing statement was not effective under Neb. U.C.C. § 9-403(3), and perfection of the creditor's secured interest lapsed when the original financing statement expired
Creditor's pro se motion for an extension of time to file an objection to discharge or dischargeability was granted. However, the court advised the creditor to carefully consider the merits of her objection and to consult an attorney before filing
Pre-petition, the government was setting off payments owed to the debtor against a debt owed by the debtor. The court held that a payment to be made post-petition pursuant to a pre-petition contract could be set off as a mutual pre-petition obligation
On appeal, the district court affirmed the bankruptcy court's order granting relief from stay. The debtors failed to make an offer of proof by which to preserve certain alleged errors for appeal. The court's factual findings weren't clearly erroneous
The district court affirmed the bankruptcy court's order that the plaintiff creditors had no claim to funds held by the debtors as a result of the termination of a lease, nor was it covered under the "general intangible" clause in the security documents
Debtor objected to creditor's claim, arguing accord & satisfaction as a result of two checks sent in purported settlement of outstanding invoices. Objection was overruled, on basis that debtor hadn't proven all necessary elements of accord & satisfaction