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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. 115. The debtor's business operation was solely in Ohio, while its corporate office was in Nebraska. Under the circumstances, the court found the debtor's "principal place of business" – and therefore the proper venue – to be in Ohio

The cash appearance bond which the debtor filed with the county district court was considered exempt personal property under Neb. Rev. Stat. section 25-1552, so the debtor could avoid plaintiff's garnishment lien on the bond pursuant to section 522(f)(1)

Under the Bankruptcy Act, the creditors' committee had no standing to bring lawsuits to recover fraudulent transfers and preferences. If the debtor-in-possession refused to do so, the committee's only remedy was to ask for appointment of a receiver

The court, after discussing unliquidated, contingent, and disputed debt, denied debtors' motion to convert to Chapter 13 because their unsecured debts exceed the statutory debt limit & because their schedules may not have been filed in good faith

The Chapter 13 practice of allowing claims as filed is subject to the terms of the confirmation order, if the plan or confirmation order specifies a different treatment of certain claims, or if litigation has resulted in a different categorization of a cl

The court denied trustee's application for authority to sell real estate because the court did not want to approve the procedure used and did not want to approve the proposed sale price because there was no evidence as to the property's fair market value

Reported at 16 B.R. 78. The avoidance powers of sec. 522(f) apply only to liens attaching on or after enactment date of the 1978 Bankruptcy Code, not to those arising prior to that date. Avoidance actions to protect exemptions may be filed post-discharge

Reported at 15 B.R. 223. Under sec. 523(a)(5), marital debts owed to a third party which one spouse is ordered in divorce proceedings to pay can be non-dischargeable as in the nature of alimony or support despite not being payable directly to a spouse

Trustee's obj. to discharge for having received a discharge within the last six years was denied because the operative dates are the filing dates of the two cases, & the current case was filed more than six years after the filing date of the prior case

A Bankruptcy Act case. A $400 debt for attorney's fees in connection with the debtor's divorce, which he was ordered to pay pursuant to the divorce decree, was not dischargeable because it was considered to be support