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
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 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
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