Reported at 62 B.R. 718. The court granted relief from the automatic stay to a creditor for cause under § 362(d)(1) because debtor failed to pay its taxes, failed to pay withholding taxes, and failed to disclose the existence of a corporate bank account
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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.
Third-party creditors' objections to the compromise of a preference action should be set for trial to take evidence on the parties' intentions as to the allegedly preferential rent payments and whether the payments were really on an antecedent debt
On appeal, the district court reversed the bankruptcy court's decision to dismiss a complaint to bar discharge in debtors' Chapter 7 case; the prior dismissal of a similar complaint in debtors' Chapter 11 case was not res judicata in the subsequent case
Reported at 62 B.R. 65. Payroll taxes, wages, & attorney fees incurred during the debtor's pre-liquidation operation of its business provided benefit to the estate and should be paid from the secured creditor's collateral as administrative expenses
On appeal, the district court reversed the bankruptcy court, ruling that the bankruptcy court abused its discretion in entering default judgment against the government and discharging the debtors' taxes without considering the merits of the case
Reported at 61 B.R. 671. The lender holds a continuing security interest, under § 552, in post-petition cuttings of alfalfa planted pre-petition, because the subsequent cuttings are "the natural increase and products" of the original secured crop
Reported at 63 B.R. 140. This decision rectified the inconsistent local practice at the time concerning claims allowance in Chapter 13 cases, and established the procedure whereby claims are allowed as filed unless objected to by the trustee or debtor
Debtor sold cattle, which served as collateral under a security agreement, without authorization. This constituted a willful and malicious conversion of the creditor's property & resulted in the debt being excepted from discharge under § 523(a)(6)
Reported at 54 B.R. 910. The debtors' lack of disposable income – resulting from unremunerative employment and not from lack of effort – does not constitute an undue hardship, and therefore their student loans are not dischargeable under § 523(a)(8)(B)
Secured creditor obtained relief from stay on farmland after the court took evidence on value and found the creditor to be undersecured &, while the property was necessary to an effective reorganization, debtors hadn't provided adequate protection