The debtor lacked sufficient equity in his home to secure any part of the second and third liens on the property. Under Nobelman v. American Savings Bank and In re Sanders, the Chapter 13 plan may modify the lienholder's rights and strip off the liens.
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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.
The Secretary of Labor filed this minimum-wage lawsuit in federal district court. When a defendant filed bankruptcy, the lawsuit came to bankruptcy court. Because it involves an exercise of regulatory powers, it should be heard in district court.
Debtor's request for TRO to prevent a creditor from enforcing an order for stay relief was denied because success on the merits was questionable and because the public interest would be harmed if contracts and court orders weren't reliably enforced.
The holder of a blanket lien on assets authorized a subsequent lender to file U.C.C. termination statements which rendered its financing statements ineffective and caused it to lose its lien priority vis-à-vis the trustee and junior lienholders.
A temporary order in the parties' marital dissolution case directed debtor to pay a portion of the children's medical and daycare expenses and half the cost of a custody evaluation. Those amounts are in the nature of support and are not dischargeable.
Claim for damages for delay in closing real estate sale was denied because the trustee timely assumed the contract and acted promptly to complete closing. A proof of claim on a stock sale was prima facie valid, with no substantial evidence to rebut it.
The solvent debtor's Chapter 11 plan was not confirmed because, inter alia, it contained inconsistencies regarding impaired claims, it did not comport with a B.A.P. decision in the case, and it did not provide for post-petition interest on claims.
The bankruptcy trustee was entitled to summary judgment on a receivable listed in the debtor's schedules as owed by a related company. The defendant did not provide any evidence to create a genuine issue of material fact regarding the debt's validity.
The bankruptcy trustee was entitled to summary judgment on a receivable listed in the debtor's schedules as owed by a related company. The defendant did not provide any evidence to create a genuine issue of material fact regarding the debt's validity.
An adversary proceeding as to the ownership of certain tax refunds should be removed to the district court hearing FIRREA claims against the bank receiver, because both cases involve some of the same issues and are governed by non-bankruptcy law.