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Judge Timothy J. Mahoney (Retired)

Edmund W. Hollstein v. Sanitary & Improvement Dist. No. 7 of Lancaster County, Nebraska (In re Sanitary & Improvement Dist. No. 7), Ch. 9, BK85-39, A88-4042 (Jan. 20, 1989)

Reported at 96 B.R. 967. The bankruptcy court has no jurisdiction over a conversion action against a Chapter 9 debtor or its employees, officers, or agents. The action is more appropriately brought under the Political Subdivisions Tort Claims Act.

Merle Nicola, Trustee v. Sigarms, Inc. (In re Omaha Midwest Wholesale Distributors, Inc.), Ch. 7, BK86-2775, A88-5 (Dec. 19, 1988)

Reported at 94 B.R. 160. Debtor filed a voluntary Chapter 11 petition, effecting a conversion of the existing involuntary Chapter 7 case. The date of commencement relates back to the Chapter 7 filing date and the transfer at issue therefore was post-petition and not avoidable.


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