A party moved to recuse the bankruptcy judge assigned to the case from handling the matter on remand, asserting that the judge would be biased due to an inability to set aside impressions formed from the judge's review of and familiarity with the trial testimony, evidence, and earlier rulings in the case. The court denied the motion, explaining that the scope of the disqualification statute does not extend to knowledge gleaned and opinions formed in the course of judicial proceedings. Because the movant did not show the court's previous decision was based on extrajudicial information, nor did the movant demonstrate the existence of "deep-seated favoritism or antagonism that would make fair judgment impossible," recusal was unwarranted.
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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.
The state Department of Health and Human Services objected to the Chapter 11 trustee's proposed sale of a health care facility free and clear because when such a facility is sold, state law allows the department to recapture depreciation payments made to the facility as part of its Medicaid reimbursements. The court ruled that the right to recapture the payments was an "interest in property" as contemplated by § 363(f)(5), so the trustee can sell the property free of the department's recapture right as long as the trustee provides a monetary satisfaction of its interest. Here, the buyer's agreement to create an indemnification fund for such expenses provides sufficient satisfaction of the department's interest. Any other damages caused by the trustee's rejection of the current Medicaid provider agreement would not be a property interest, but would be general unsecured claims under § 365(g)(1).
After a trial, the court overruled the debtors' objections to the claims of their lenders, finding that the debtors had ratified the loans and waived any challenges to the loans' validity by virtue of their conduct and course of dealing with the lender. The court also dispensed with the debtors' "mutual mistakes" argument concerning the loan documents, and ruled that the debtors failed to produce sufficient evidence that they are not liable on the loans to overcome the prima facie validity of the lender's claims. The court also deferred ruling on the lender's motion to appoint a trustee pending the production of additional evidence about unauthorized and undisclosed cash loans allegedly made from estate assets.
The bankruptcy court remanded a state-court lawsuit filed by debtors concerning the basis for the creditors' claim. The issues raised, including state-law causes of action and arguments regarding preclusion, are not unique to bankruptcy and can be decided in state court.
The bankruptcy court remanded a state-court lawsuit filed by debtors concerning the basis for the creditors' claim. The issues raised, including state-law causes of action and arguments regarding preclusion, are not unique to bankruptcy and can be decided in state court.
The bankruptcy court remanded a state-court lawsuit filed by debtors concerning the basis for the creditors' claim. The issues raised, including state-law causes of action and arguments regarding preclusion, are not unique to bankruptcy and can be decided in state court.
The debtors did not receive credit counseling within 180 days before filing their petition, instead completing the counseling briefing 20 days post-petition. The 180-day period in § 109(h)(1) is "plain and mandatory," and those who do not comply are ineligible to be debtors under the Bankruptcy Code. As a result, the court dismissed the bankruptcy case without prejudice.
An unsecured junior lien on the debtors' residential real estate may be avoided after the debtors complete Chapter 13 plan payments. The case law in the Eighth Circuit permits wholly unsecured liens to be stripped off.
An unsecured junior lien on the debtor's residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The case law in the Eighth Circuit permits wholly unsecured liens to be stripped off.
The bankruptcy court remanded a state-court lawsuit that the debtors had removed in connection with their bankruptcy case. The lawsuit did not deal with bankruptcy issues – it involved breach of contract and tortious interference with business relations – and it was ready to be tried when it was removed from the state court, so the bankruptcy court abstained and equitably remanded the case for trial and liquidation of the claim, which could then be addressed in the debtors' Chapter 11 plan.