The court refers the adversary proceeding to federal district court because the complaint alleges state-law non-core claims over which the bankruptcy court does not have authority to enter a final judgment and because the defendant has requested a jury trial, which will not occur in bankruptcy court.

The bankruptcy court denied a secured creditor's motion for leave to pursue a surcharge under § 506(c) against the collateral of another secured creditor. Generally, only a trustee may seek a § 506(c) surcharge. However, creditors may pursue such a cause of action if they can establish derivative standing.

The court recommended granting the defendants' unopposed motion to withdraw the reference of this adversary proceeding because the complaint alleges only state-law non-core claims over which the bankruptcy court does not have authority to enter a final judgment. In addition, the defendants are entitled to a jury trial, which will not occur in bankruptcy court.

The court denied the debtor's motion for a temporary restraining order to stop a foreclosure sale of certain real estate. In evaluating the Dataphase factors, the court questioned the debtor's standing and found no likelihood of success on the merits because the debtor admittedly had not paid the mortgage for more than three years and tendered no performance or cure at this time.

The court ruled on summary judgment in a preference action that a "payment rights purchase and sale agreement" executed between the debtor and a funding company during the preference period was a sale of receivables and not a loan. After analyzing U.C.C. law on general intangibles and payment intangibles, the court determined the assets sold were in fact accounts and not intangibles, and the creditor's interest was unperfected, so the assets were property of the bankruptcy estate.

A landlord filed a request for payment of an administrative expense claim for the difference between the amount of post-petition rent it claimed it was due and the amount the debtor actually paid. In December 2018, shortly before the debtor filed bankruptcy in January 2019, it asked the landlord to make some rent concessions to allow the debtor to keep its store open and not reject the lease immediately upon filing its petition. The landlord agreed to, and accepted payment of, a reduced rental rate. The debtor then rejected the lease and closed the store in late April 2019.

The court granted summary judgment against one defendant in favor of the Chapter 7 trustee, permitting him to recover unauthorized post-petition transfers made by the debtor. The evidence established (1) the funds were property of the bankruptcy estate; (2) the property was transferred; (3) the transfer was made post-petition; and (4) the transfer was not authorized by the Bankruptcy Code or the bankruptcy court. The court declined to enter summary judgment as to the remaining defendants because the evidence did not support an alter ego theory.

The court denied a pharmaceutical supplier's administrative expense claim based on alleged reclamation rights, finding that the supplier did not have a valid reclamation claim under § 546(c) or the right to exercise the equitable doctrine of asset marshaling.

After trial on whether the debtor was insolvent when it made transfers to three defendants, the court ruled the transfers were fraudulent because the debtor was not paying its debts as they became due. (The other elements of the fraudulent transfers had previously been established on summary judgment.) Transfers to a fourth defendant were found not to be fraudulent because the defendant was a "mere conduit" for the transfers and did not exercise dominion or control over the funds.

An agricultural production input supplier filed a financing statement to perfect its statutory lien against the debtors' crops and crop proceeds, but the financing statement did not contain the information required by the Nebraska agricultural production inputs lien statutes, so the lien was unperfected. Under the Uniform Commercial Code's priority rules, a perfected security interest has priority over a conflicting unperfected agricultural lien, so a lender's prior perfected security interest took priority in the available proceeds.