The issue of whether a business premises lease had been breached required additional evidence on whether the lessor's conduct constituted a material breach of the restrictive-use clause and whether the lessee consented to the lessor's conduct.
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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 court dismissed the bankruptcy case as an abuse because the debtor tried to take advantage of a perceived § 707 loophole in arguing that the mortgage debt on his home was not consumer debt simply because he was not an obligor on the underlying notes.
On summary judgment, the court determined priority of creditors' interests; (1) creditor bank, though first to file, had not properly perfected its lien under the U.C.C. and (2) creditor landlord's lien is superior to each creditor bank's interest.
The creditors' committee's deposition of the holder of an alleged secured claim, whose offices were in Hong Kong, could go forward in Nebraska, where counsel for both parties were located and where the creditor did plenty of business with the debtor.
A judgment entered against debtor by the probate court as a result of his conduct as a personal representative was non-dischargeable pursuant to § 523(a)(4). The financial harm to the probate estate was caused by debtor's defalcation as a fiduciary.
The debtors sold their business pre-petition. The proceeds remaining in their possession on the petition date were property of the bankruptcy estate and should have been turned over to the Chapter 7 trustee. Failure to do so constituted conversion.
Factual disputes precluded summary judgment on issues of the foreseeability of damages for lost profits, the accrual of the cause of action, and the weight to be given to an expert's opinion in a breach of contract lawsuit against the City of Omaha
Creditors and debtors objected to counsel's fee application, saying much of the work done was not of benefit to the estate. The Court agreed that there were areas of concern about the work as well as the source of the retainer and reduced the final award.
The court denied without prejudice a lender's motion for relief. The debtors offered adequate protection and filed a plan, disclosure statement, and exhibits which appeared to rebut the bank's assertion that a confirmable plan was not feasible.
The court overruled the debtors' objection to claim regarding a note they co-signed, finding their defenses of novation, accord and satisfaction, and laches to be inapplicable, but also finding that the lender overstated the amount of the claim.