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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 18 B.R. 631. Vehicle had been titled in both Colorado and Nebraska, but creditor's lien wasn't noted on Nebraska title. Under UCC 9-103, creditor's secured status depends on whether vehicle was registered – not just titled – in Nebraska

Reported at 18 B.R. 602. A "rent-to-own" contract for rental & possible purchase of household goods was a purchase-money security agreement and not a lease, and could be dealt with in debtor's plan. The facts of each case govern such a finding under the U

Reported at 18 B.R. 605. Faced with competing motions by creditor to convert case to Ch. 7 under sec. 1307(c) and by debtor to dismiss case under sec. 1307(b), the court ruled that the Bankruptcy Code favors dismissals over involuntary liquidations

For purposes of 11 U.S.C. section 547, a transfer consisting of a mortgage occurs when the mortgage is recorded. Therefore, debtor's mortgage to his mother, recorded a few weeks pre-petition and more than two years after it was given, was a preference

Debtor car dealer purchased a car from another dealer, who then paid off the floor plan financing & obtained a lien release. However, debtor's check didn't clear. As between seller & debtor's lender regarding rights to the sale proceeds, seller loses

J.L. Brandeis & Sons, Inc., as a stakeholder in this interpleader action, was denied its request for attorney fees because Brandeis's delay in depositing disputed funds with the bankruptcy court created unnecessary litigation

Debtor, a common carrier, was held liable to plaintiff for $93,000 worth of boxed beef which the debtor had been hired to, but did not, deliver to a customer in Rhode Island

A debt to law firm for pre-petition legal representation was dischargeable, as the firm did not establish under section 523(a)(2) that when debtor told the firm she would pay or reaffirm the debt, she actually intended not to do so

The court approved settlement over creditors' committee's objection, finding the compromise to be commercially reasonable under the circumstances, particularly because debtor's management had made significant progress toward rehabilitation

Reported at 18 B.R. 129. Debtors may exempt a tax refund not disclosed in their original schedules because the late schedule amendment didn't interfere with estate administration & because exemptions should benefit debtors to the fullest extent