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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.

Reported at 20 B.R. 446. Debtors' efforts to avoid the fixing of a lien – after discharge had been entered and after the creditor had replevined its collateral – were too late. They should have raised the issue as a defense to the replevin action

Plaintiff knowingly accepted an insufficient funds check from the debtor, which he ultimately was unable to make good. The court said that an insufficient funds check, by itself, was not a materially false statement in writing, so the debt was discharged

Debtor's amended Chapter 13 plan could not be confirmed because it lacked good faith under sec. 1325(a)(3). Debtor proposed to pay only 26.6% of his excess income into the plan, failing to devote "all or most" of his excess income to payment of creditors

Cash payments "in lieu of alimony" awarded to one spouse in divorce proceedings did not appear to actually be in the nature of alimony or support and were instead part of the division of marital property, and therefore were dischargeable in bankruptcy.

Court temporarily enjoined a state court contempt hearing against the debtor until the bankruptcy court could determine what effect the bankruptcy filing had on the state court's jurisdiction over the parties' marital dissolution proceeding

Reported at 19 B.R. 844. Nebraska debtors are entitled only to the exemptions available under Nebraska law. Therefore, only the husband as head-of-household can claim a homestead exemption, and the wife may claim an "in lieu of homestead" exemption

Reported at 19 B.R. 64. Debtor's student loans were not dischargeable because repayment would not cause her an undue hardship. She had no dependents, few expenses, little significant debt, and could find employment outside of her field of study

The distribution agreement between debtor & the defendant was an executory contract to be assumed or rejected by the trustee. On the petition date, neither side had received a contractual benefit & both sides had substantial future duties to perform

Reported at 18 B.R. 628. Lenders properly perfected their security interest by filing in the county of the corporation's last-known registered agent, because corporation failed to take the steps necessary to properly change their registered agent

Reported at 18 B.R. 633. For purposes of Chapter 13 plan confirmation, the appropriate interest rate on secured claims pursuant to sec. 1325(a)(5)(B)(ii) is the current market rate of interest on a similar type of loan at the time of confirmation