Upon conversion from Chatper X to straight bankruptcy, it was appropriate to grant debtor's counsel's request for fees and expenses. This was a complex bankruptcy case and debtor's counsel provided significant assistance to the trustee and his attorneys
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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.
Trustee sold eight oil and gas leases. In keeping with the fair & equitable doctrine of Chapter X, the administrative costs for each lease should be deducted from the gross proceeds of each lease before the balance is distributed per priority position
The court approved, over objection, application for interim compensation by counsel for the trustee, noting that these cases involve significant assets, some located outside the U.S., and complex claims, requiring much work by the trustee & his attorneys
Bankruptcy trustee sought court's guidance on whether to pursue litigation against the debtors' officers and directors. After reviewing the potential causes of action, the court advised against it based on issues of standing and a likely minimal recovery
If the debtor prevails in this lawsuit, the City of Lincoln may be jointly liable with the City-County Employees Credit Union. The city is not a necessary party for complete relief to be accorded, but may be joined as a party by the credit union
Court denied mortgage-holders' request for relief from stay because there was no evidence the mortgages on this asset were in default or that any of the mortgagees had been harmed. The debtor had also recently filed a Chap. 11 plan to deal with the debts
Reported at 4 B.R. 655. The opinion establishes the requirements for creditor election of a trustee under section 702 and it sets out a formula by which to calculate the proper amount of unsecured and undersecured claims necessary for such an election
Reported at 4 B.R. 654. Pursuant to section 1326(a) and (b), the Chapter 13 trustee will receive a percentage fee of all payments made "under the plan," even if some of those plan payments are made directly to creditors rather than through the trustee
Court, relying on In re Benak, 374 F. Supp. 499 (D. Neb. 1974), denied debtor's request to reopen case four years later to add omitted creditor because of the amount of time since discharge. It would be like receiving a second discharge within six years
At trial, the court reviewed debtors' appraisal evidence and determined that the value of the debtors' property was insufficient to give the judgment liens attached to it any value, so the liens are void and unenforceable