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
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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.
The court overruled the trustee's objection and confirmed this debtor's proposed zero-payment Chapter 13 plan on the basis of the Harland decision, 3 B.R. 597 (Bankr. D. Neb. 1980)
Falsely answering "no" to the loan application question "have you ever taken bankruptcy?" constitutes a materially false statement in writing respecting the debtor's financial situation & therefore renders the debt arising from the loan non-dischargeable
Reported at 4 B.R. 251. Creditors willing to loan money to enable debtor to plant crop are entitled to lien priority under sec. 364(c) or (d) because an equity cushion exists and because the only way the debtor can stay in business is by planting a crop
Reported at 3 B.R. 597. The court approved of zero-payment Chapter 13 plans over the trustee's objection, ruling that "good faith" does not require a minimum payment schedule. A plan is confirmable if it meets the requirements of section 1325(a)
Order setting a hearing on whether plaintiffs should be granted relief from stay to pursue litigation in state court against the debtor's officers, and asking the parties to focus on the issue of maintaining similar lawsuits simultaneously in two courts
Court denied debtors' motion for summary judgment on their request to avoid a judicial lien as impairing an exemption, because debtors did not submit any evidence. Evidence from the bankruptcy case must be offered in the adversary case to be considered
An involuntary Ch. 7 was filed against the debtor, which then filed its own Ch. 11. At that point, section 1104(a), rather than section 303(g), became the applicable statute regarding appointment of a trustee. No cause was shown for such an appointment
The court denied a creditor's request to be appointed to the creditors' committee, because the creditor is involved in litigation with the debtor and his interests may be adverse to those of the committee, which would frustrate the committee's work
Court denied motion for appointment of a trustee under 11 U.S.C. sec. 1104(a) or an examiner under sec. 1104(b) because no cause for doing so had been shown. The creditors' committee was active and could adequately represent the interests of creditors