Mortgage-holder's objection, for lack of consent, to debtors' intent to lease their real estate was overruled. Under sec. 541(c)(1)(A), debtors' interest in the property became property of the estate notwithstanding any restrictions on transfer

Secured lender sought post-petition rents and profits pursuant to an assignment in the security agreement. State law governs, and under Nebraska law, the funds belong to the debtor unless foreclosure has been initiated and a receiver has been appointed

Reported at 295 B.R. 593. The appellate court corrected an error in the opinion's factual recitation by deleting the last sentence of the second full paragraph on page 5 of the original opinion

If the debtor prevails in this lawsuit, the City of Lincoln may be jointly liable with the City-County Employees Credit Union. The city is not a necessary party for complete relief to be accorded, but may be joined as a party by the credit union

On appeal, the district court affirmed the bankruptcy court's order granting relief from the automatic stay for cause under § 362(d)(1) because the debtor did not insure the collateral, offer adequate protection, or file monthly operating reports.

Reported at 25 B.R. 271. Relief from stay differs from a dismissal motion, so a ruling on one need not deprive the court of jurisdiction to hear the other. Here, the question of whether debtor could effectively reorganize was beyond the scope of stay reli

A commercial landlord's administrative expense claim was granted for rent & utilities during the trustee's possession. The estate was not responsible for paying for damage allegedly caused to the premises by a buyer's removal of personal property.

The creditor's lien was subordinate to the rights of the trustee under sec. 544(a) because the creditor improperly perfected its security interest by filing it in the wrong county. Therefore, the trustee could sell the assets free and clear of liens

The debtors borrowed money from plaintiff bank to purchase a car. The wife then obtained another loan using the car as collateral and delivered the car title to the second creditor. Court held that wife willfully and maliciously converted bank's property

Incomplete opinion – pages are missing. District court reversed bankruptcy court's order denying secured creditor's motion to sequester rents & profits. The creditor needn't first file a foreclosure action to protect its lien rights in bankruptcy