The district court denied debtors' motion for stay pending appeal to forestall a state court replevin action filed by the bank after obtaining relief from the stay. The district court ruled that the debtors had not shown a likelihood of success on appeal
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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.
Reported at 54 B.R. 587. District court reversed bankruptcy court order regarding applicability of the automatic stay. The district court found that debtor's beneficial interest in spendthrift trust assets didn't constitute property of the estate.
The bankruptcy court supplemented an oral ruling on adequate protection by clarifying that the payments should not be limited to the past but should continue indefinitely into the future because the value of the collateral will continue to decline
The district court reversed the bankruptcy court's order granting relief from the automatic stay to a secured creditor, with directions to the bankruptcy court to set a new hearing at which to consider debtors' evidence regarding adequate protection
District court affirmed the bankruptcy court's order awarding attorneys' fees to a debtor who was subjected to an involuntary petition, which was dismissed when the petitioning creditor failed to prove the elements necessary to sustain the petition
The court granted the Chapter 7 trustee's request to sell real property free and clear of the claims of co-owners because it otherwise would be difficult to sell and because the benefit to the estate of the sale outweighed the detriment to the co-owners
District court reversed the order granting relief from stay, remanding with directions to develop a record as to whether the irrigation equipment transaction was a sale or a lease, and to decide whether it was necessary for effective reorganization
The district court affirmed an order denying relief from stay to a wholly unsecured junior lienholder. Because the collateral had no value for this creditor, there was nothing to adequately protect and the creditor had no standing under § 362(d)(2)
Reported at 47 B.R. 258. § 523(a)(5) is unconstitutional to the extent it allows discharge of debts for children born outside marriage; it should be read to cover all child support debts. Overrules In re Fenstermacher, 31 B.R. 77 (Bankr. D. Neb. 1983)
The court denied confirmation of a Chapter 11 plan because it proposed less-than-full payment to a class of unsecured creditors while reserving to current equity security-holders the exclusive right to purchase stock in the reorganized corporation