The attorneys for the debtor-in-possession were entitled to fees and expenses, even though the case was subsequently converted from a Chapter XI to a "straight bankruptcy," because their efforts preserved assets and provided benefit to the estate
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.
Reported at 9 B.R. 278. Debtor's "assignment of real estate equity and promissory note" to bank created a recordable interest and clearly showed an intent to create a lien on the land, so the trustee's interest was subordinate to the bank's mortgage
Younker's wanted a debt excepted from discharge under sec. 523(a)(2), believing debtor went on a spending spree with his charge card in anticipation of bankruptcy & incurred charges with no intent to pay them. The court found no such evidence of intent
Court ruled that a lender was not entitled to relief from stay under section 1301(a) to pursue a non-debtor co-signer who received no proceeds or actual economic benefit from the loan. Moreover, the debtor is operating under a pay-in-full Chap. 13 plan
Court overruled secured creditor's objection to Chap. 13 plan, holding that the debtors need pay only the allowed amount of the claim (the fair market value of the collateral), rather than the full amount owed on the finance company's recourse obligation
Court held that Chapter 13 plan must be amended to provide for cure of mortgage default within statutory three-year period. Lender's refusal of one delinquent payment was not a waiver of its right to receive delinquent payments and late payment charges
Action to determine rights of parties to funds. Court held that security agreements do not attach to new funds generated by debtor-in-possession pursuant to a post-petition contract unless parties agree. Funds should be retained by debtor-in-possession
Reported at 6 B.R. 899. A debtor who wants to redeem property should pay the creditor the replacement value of the collateral. Replacement value generally equals the retail value of the item less costs such as dealer overhead, sales commissions, & profit
Parties' cross-motions for summary judgement were denied because factual questions existed regarding the ownership of copper under the copper contracts at issue in the lawsuit. The defendants claimed an ownership interest rather than a security interest.
Two steel buildings bolted to concrete foundations could not be moved without damage and therefore are fixtures. It was necessary to file financing statements with Registrar of Deeds, rather than with County Clerk, to perfect security interests in them