Debtor may hold onto cash collateral in an interest-bearing account, in case he needs it to fund his plan of reorganization. He cannot use the money without order of the court or agreement of the creditor

The court overruled debtors' objection to the Commodity Credit Corporation's ("CCC") claim for missing sealed grain. The CCC covered certain theft losses if there was no negligence involved, but the debtor was unable to prove he had not been negligent

Debtors may file a Ch. 12 case after final decree is entered in their Ch. 11. Stipulation entered into in Ch. 11 case isn't necessarily binding in their Ch. 12. Debtors didn't show likelihood of successful reorganization, so relief from stay was granted

The court granted the U.S. Trustee's 11 U.S.C. § 707(b)(3) motion to dismiss for abuse because the court determined that the debtor's mortgage obligations were consumer debts which required her to file under Chapter 13 and submit to means testing.

A Chapter 12 debtor may, within statutory constraints, make the business decisions necessary to reorganize for the debtor's benefit. The debtor is not obligated to consider whether those decisions will maximize returns for a particular creditor

Under § 553 and Nebraska law, an insurance broker holding unearned premiums to be refunded to the debtor/insured may recoup and set off those funds against amounts owed to it by the debtor. Any excess funds should be turned over to the bankruptcy trustee

The Chapter 11 trustee's motion for summary judgment on his complaint to avoid and recover alleged preferences and fraudulent transfers made to insiders of the debtor was denied for lack of evidentiary support on both sides of the motion.

The labor department's adjudication that the debtor willfully misrepresented her income in order to receive excess unemployment benefits was preclusive in the department's § 523(a)(2)(A) action to except the overpayment debt from discharge.

Summary judgment granted to debtor on his 11 U.S.C. section 549 cause of action; purchaser did not give "present fair equivalent value" for the property by paying only the delinquent prepetition assessments & foreclosure costs, so the transfer was avoided

Published at 318 B.R. 166. Individual retirement accounts are generally exempt under Nebraska law. The Rousey decision by the 8th Circuit interpreted the Bankruptcy Code's exemption statute, which is different than the Nebraska exemption statute regarding IRAs.