For plan confirmation, § 1325(a)(5)(B) requires that a debtor pay the prevailing market rate of interest for the type of secured loan under consideration, taking into account the existence and quality of any security and the risk of subsequent default
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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.
Debtor's student loan debt was dischargeable for undue hardship under § 523(a)(8)(B) because her employment in a low-paying job in a field unrelated to her degree, plus her medical issues, meant her ability to repay the loan was virtually non-existent
Debtor used cash collateral to pay IRS. Creditor bank sued IRS to recover the funds. The court dismissed the case for lack of standing, ruling that it really was a § 549(a) action to avoid post-petition transfer, which can be brought only by a trustee or
The debtor lost his interest in real estate as the result of a pre-petition judgment, execution, and confirmation of sale. Post-petition actions regarding a writ of assistance and the distribution of sale proceeds did not violate the automatic stay
Pursuant to a settlement agreement with his employer, the debtor received monthly annuity payments for injuries he suffered on the job. The court ruled the payments were property of the bankruptcy estate, but were exempt under Neb. Rev. Stat. § 44-371
Reported at 60 B.R. 791. An attorney fee provision in a guaranty agreement is void and unenforceable under Nebraska law and therefore cannot, in bankruptcy, constitute the basis for an award of attorney’s fees under § 506(b) as part of the creditor’s allowed secured claim.
Creditor's motion for relief in inventory was denied, despite debtor's lack of equity, to permit debtor to sell the business as a package. In addition, although inventory value was declining, creditor was adequately protected by casualty insurance
The court granted a motion for relief from stay because the value of debtor's offer of adequate protection in crops & waiver of state law rights was unclear, and the court must weigh the debtor's offer against the risk to the creditor's collateral value
The court will grant only what is requested in the motion's prayer. If a motion for relief to commence foreclosure proceedings does not ask for permission to seek appointment of a receiver, then the order granting relief does not authorize such an action
The court granted debtor's motion to use cash collateral after considering the value of the creditor's security interest and the risk to that value in light of debtor's adequate protection offer, as mandated by In re Martin, 761 F.2d 472 (8th Cir. 1985)