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
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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.
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
While the bankruptcy court believed §§ 362 and 544 define secured creditors' rights, it was bound by the district court's Mahloch and Anderson rulings giving creditors liens on rents & profits even if the creditors had no perfected interest therein
On appeal, the district court affirmed the bankruptcy court's order overruling the bank's objection to confirmation alleging improperly claimed exemptions. The bank's argument regarding the debtors' eligibility for Chapter 13 was not timely made
The district court affirmed the bankruptcy court's decision that the creditor accountant was not entitled to payment because he did not file a claim and he did not obtain permission from the bankruptcy court for post-petition employment by the debtor
The district court affirmed the bankruptcy court's order granting relief from the stay to a lender, holding that the bankruptcy court properly found that the bank's interest in the debtor's farm equipment and livestock was not adequately protected
On appeal, the district court reversed in part and affirmed in part the bankruptcy court's dismissal of certain causes of action, holding that the bankruptcy court was the appropriate forum for the case and that 28 U.S.C. § 157 did not violate Article III