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)
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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.
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
Emarine v. Group Ten Press, Inc. (In re Group Ten Press, Inc.), Ch. 11, BK79-1361, A79-11 03/13/1980
In a copyright infringement action, the court denied the debtor-defendant's motion to dismiss because it appeared that the plaintiff may be able to prove that he is entitled to relief, whether under the pre-1978 copyright laws or the new 1978 version
Chapter 11 debtor filed adversary proceeding against MUD, asking court to set a reasonable amount for a utility deposit under section 366. Because of debtor's prior good payment record & MUD's ability to monitor the account, the court set deposit at $400
District court opinion remanding case for further fact findings, because the facts stated in the bankruptcy court's 12/13/78 decision -- that debtor knew when he wrote a check to plaintiff that it couldn't be paid -- did not support non-dischargeability
Debtors' request to reaffirm a $7,600 debt secured by a sailboat and trailer was denied. The court found that a monthly payment of $326.76 to the bank from debtors' monthly income of $800 would constitute a hardship & would not be in their best interest