District court vacated bankruptcy court's contempt order against the IRS for violating § 362 by sending debtor a letter. The district court found the IRS letter didn't violate the stay as it merely informed debtor of her duty to provide for taxes in plan
You are here
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 district court reversed the bankruptcy court's denial of debtors' motion to reopen their Chapter 7 case to add a creditor. The bankruptcy court had erroneously applied section 523(a)(3) in holding that an unscheduled debt could not be discharged
Lien held by debtor's former wife on debtor's homestead, awarded as part of a property settlement agreement, couldn't be avoided under section 522(f) because it protected the wife's pre-existing interest and, alternatively, was a consensual lien
The district court agreed that post-petition floor-plan financing agreements were subject to section 364(c) and needed prior court approval, but said the bankruptcy court equitably should have approved them nunc pro tunc as administrative expenses
District court affirmed bankruptcy court's order finding that trustee didn't breach a contract for sale of the debtors' house. The trustee was unable to provide clear title at closing, but cured the defects & closed within a reasonable time thereafter
The district court reversed the bankruptcy court, ruling that leased irrigation equipment was personal property rather than a fixture, & remanded the case for further findings as to whether the lessor or the trustee had superior rights to the proceeds
District court affirmed ruling that trustee couldn't avoid the debtor's unrecorded assignment of her interest under her father's will because a reasonable purchaser would have investigated and would have found the assignment in the probate records
The district court affirmed ruling that debtor's withdrawal of pension funds & deposit into his credit union account was not an assignment that would frustrate the purposes of a spendthrift trust. Also, the trust terminated upon withdrawal of the funds
District court affirmed bankruptcy court's order allowing IRS to garnish debtor's funds after debtor failed to comply with a settlement agreement. The order discusses the nature of a final order & the legal formalities of a post-judgment garnishment
The district court affirmed the retention of special counsel to defend the individual partners of the debtor in various non-bankruptcy lawsuits. Representation was warranted because those lawsuits could conceivably affect the bankruptcy estate