The court denied debtor's motion to reopen the case because the issue of whether a buyer at a trust deed sale had to pay the difference between his credit bid and the amount of the secured claim to the debtor or the second lien holder was a state law ques
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.
A post-petition increase in the value of property of the bankruptcy estate belongs to the estate, so debtor was required to turn over the number of shares of stock he owned on the petition date for the trustee to administer at the stock's current value.
The debtor was entitled to summary judgment regarding a $17,000 construction lien against its property. The defendant did not provide evidence of its lien, which was an unsecured claim because the senior lien exceeded the value of the property.
The court denied the trustee's motion for summary judgment because the issue of whether the debtor or the trustee had the authority to exercise the right to accept or renounce a devise of real estate required findings beyond the scope of the motion.
The debtor signed a signature card on a deposit account with his parents. They did not intend the debtor to be an owner of the account. Because the bank's documents did not conform to state requirements, the bank was not entitled to set off the account.
A surety's subrogation rights are superior to the rights of the lender under its security interest and to the contractual right of payment provided for the debtor. The debtor's surety has the right to the retainage amounts held by the project owner.
Because the Nebraska legislature has opted out of the federal exemption scheme, a debtor may claim exemptions only in property listed in § 522(b)(3). Retirement funds may be exempted under state law per § 522(b)(3(A) as well as under § 522(b)(3)(C).
The court denied the debtors' request to use cash collateral because the bank was not adequately protected. The projected receipts would barely cover expenses, and there was no additional collateral to protect the bank's interest against risk.
A title insurer had standing to pursue a non-dischargeability claim against the debtor for failing to reveal the existence of a judgment lien against property she sold, although the claim is contingent unless and until the insurer pays off the lien.
The debtor trained in the electrical trade through a union-sponsored program in exchange for an agreement to work for a union employer. This is a form of student loan that falls under § 523(a)(8). The matter of undue hardship was a fact issue for trial.