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United States Courts 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-landlord's actions in taking steps to evict plaintiff tenant were taken in accordance with state law and did not violate the tenant's rights. Any damages that resulted from the eviction would not rise to the level of non-dischargeable debt

Secured creditor showed sufficient cause under section 1112(b) to convert this Chapter 11 case to Chapter 7 due to the continuing loss and diminution of the estate by its officers & directors to the extent that reorganization of the debtor was unlikely

As part of the parties' divorce proceedings, they entered into an agreed-upon division of debts and assets. The husband's portion of that debt was dischargeable in bankruptcy because it was not in the nature of alimony, maintenance, or support

The court found, after considering the circumstances, that an $18,000 judgment in ex-wife's favor in connection with the parties' divorce was a property settlement and not a debt in the nature of support. It therefore was dischargeable

Creditor's complaint to determine dischargeability was filed late. Because there had been no motion to extend time before the deadline passed, nor any showing of excusable neglect, the court had no authority to retroactively approve the late filing

Reported at 22 B.R. 608. Pursuant to state law, debtor had a right to obtain possession of his pawned goods for 4 months thereafter. That right was a sufficient legal/equitable interest to be property of the estate, & selling the goods violated the stay

A $13,600 debt to debtor's former wife was intended as property settlement rather than as support, so it was dischargeable. However, the debt for her attorneys' fees was not dischargeable, because it constituted "support" during the divorce litigation

Although partial disbursement of SBA flood-assistance funds occurred before debtors' mortgage-holder had signed a subordination agreement, SBA's willingness to make the remainder of the loan provided consideration for the bank's subordination

Reported at 22 B.R. 363. Debtors' attempt to sever & modify the portion of a claim secured by personal property from the portion secured by a mortgage runs afoul of sec. 1325(a)(5) because the distribution would be less than the claim's allowed amount

Debtor's conduct in delivering a check to plaintiff and asking plaintiff to hold it for three days while debtor attempted to obtain a loan may have been "unduly optimistic" but does not disclose that debtor acted with the intent to defraud plaintiff