Bankruptcy Court for the District of Nebraska Court Cases

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  1. In Re Tegeder (2007)

    Hearing was held in Omaha, Nebraska, on May 14, 2007, on the First Amended Chapter 11 Plan filed by Debtors (Fil.# 62), and an Objection to Confirmation of Plan filed by the U.S. Trustee (Fil.# 69). David G. Hicks appeared for Debtors, Jerry L. Jensen appeared for the U.S. Trustee, and Frank M. Schepers appeared on behalf of United Joint Venture, et al. This memorandum contains findings of fact and conclusions of law required by Federal Rule of Bankruptcy Procedure 7052 and Federal Rule of [...]

    Court: Bankruptcy Court for the District of Nebraska Docket: BK06-80767
  2. Matter of GP Express Airlines, Inc. (1996)

    Before the court is a motion to assume executory contracts between the debtor in possession, GP Express Airlines, Inc. ("Debtor" or "GP Express"), and Continental Airlines, Inc. ("Continental"). Continental resists Debtor's motion. I conclude that the contracts are executory, that assumption is not barred by section 365(c)(1), and that nonmonetary defaults need not be cured as a condition to assumption.


    Court: Bankruptcy Court for the District of Nebraska Docket: Bankruptcy No. BK96-40042
  3. In Re Wegner (2000)

    When Ms. Wegner filed a Chapter 13 case she had no equity in her home and, as a single person, she was not eligible to claim a homestead exemption. By the time the Chapter 13 case was converted to this Chapter 7 case, Ms. Wegner had married, was eligible for a homestead exemption, and there existed equity in the home due to repayment of principal and appreciation in value. The Chapter 7 Trustee's objection to Ms. Wegner's claimed homestead exemption is denied.


    Court: Bankruptcy Court for the District of Nebraska Docket: Bankruptcy No. BK95-41324
  4. Matter of Sanders (1996)

    Hearing was held on September 30, 1996, on the Chapter 13 Plan filed by the debtors. Debtors have filed an objection to the claim of Green Tree Financial Servicing Corp. which has been resisted. The issue presented is the same in the plan confirmation process and the objection to claims. This memorandum contains findings of fact and conclusions of law required by Fed.Bankr.R. 7052 and Fed.R.Civ.P. 52. This is a core proceeding as defined by 28 U.S.C. § 157(b)(2)(B), (K), (L).


    Court: Bankruptcy Court for the District of Nebraska Docket: Bankruptcy No. BK96-80228
  5. Matter of Malewicki (1992)

    In this Chapter 13 case, debtor's counsel, Mr. Clay Statmore, requests allowance of $1,750.00 in compensation under a flat fee agreement. The application is denied because the compensation sought is unreasonable.


    Court: Bankruptcy Court for the District of Nebraska Docket: Bankruptcy No. BK91-40958
  6. Matter of JAS Enterprises, Inc. (1995)

    Before the court is the Application for Allowance of Administrative Expense by William and Janette Stock (Fil. # 445), the Objection to Application for Allowance of Administrative Expense by JAS Enterprises, Inc. ("JAS") (Fil. # 458), and the Objection on Behalf of the Official Unsecured Creditors Committee of Application for Allowance of Administrative Expense (Fil. # 467). William and Janette Stock are allowed an administrative claim for post-petition rent at the lease rate respecting [...]

    Court: Bankruptcy Court for the District of Nebraska Docket: Bankruptcy No. BK90-80899
  7. In Re VerMaas (2003)

    Laurie M. Barrett, U.S. Attorney's Office, Omaha, NE, for Student Loans of North Dakota, UNIPAC, St. Paul, MN, United States Department of Education, Direct Loan Servicing Center, Utica, NY, Bank of North Dakota, Defendants.


    Court: Bankruptcy Court for the District of Nebraska Docket: Bankruptcy No. BK00-80310. Adversary No. A00-8079
  8. Matter of Pease (1996)

    This case presents the question of whether a pre-bankruptcy waiver of the automatic stay of 11 U.S.C. § 362 is enforceable. I decline to follow emerging decisional law and conclude that such waivers are not enforceable, per se.


    Court: Bankruptcy Court for the District of Nebraska Docket: Bankruptcy No. BK95-41596
  9. Matter of Nickerson & Nickerson, Inc. (1986)

    This matter was heard as a final evidentiary hearing on the motion for relief filed by Alexander & Alexander, Inc. Hearing date was December 18, 1985. Appearing on behalf of the moving party, Alexander & Alexander, Inc., was Robert F. Craig of Kennedy, Holland, DeLacy & Svoboda, Omaha, Nebraska. Frank M. Schepers appeared with Mr. Craig on the trial brief and the supplementary brief. Douglas E. Quinn of Thompson, Crounse, Pieper & Quinn of Omaha, Nebraska, appeared on behalf of [...]

    Court: Bankruptcy Court for the District of Nebraska Docket: Bankruptcy No. BK85-1713
  10. Matter of United Imports, Inc. (1996)

    Hearing was held on Motion for Relief by Time Warner on September 9, 1996. This memorandum contains findings of fact and conclusions of law required by Fed.Bankr.R. 7052 and Fed.R.Civ.P. 52. This is a core proceeding as defined by 28 U.S.C. § 157(b)(2)(G)


    Court: Bankruptcy Court for the District of Nebraska Docket: Bankruptcy No. BK96-81674
  11. Matter of Daugherty Const., Inc. (1995)

    Allan J. Eurek, Richard J. Butler, Lincoln, NE, for Highlands Development Corporation, Southview, Inc., Campion Family Trust, Bradley Fleming and John Schleich, Treasurer of Lakeview Park Apartments, L.L.C. and Folsom Ridge Apartments, L.L.C.


    Court: Bankruptcy Court for the District of Nebraska Docket: Bankruptcy No. BK95-41129
  12. Matter of Enriquez (1982)

    "Steve T. Enriquez (herein called Debtor) filed a Complaint with the Nebraska Equal Opportunity Commission (hereinafter called the Commission) against Nebraska Machinery Company (hereinafter called Company) for alleged employment discrimination. On January 9, 1981, the Commission entered an Order in favor of Debtor which included a monetary award of $8,527.40.

    Court: Bankruptcy Court for the District of Nebraska Docket: Bankruptcy No. BK81-817, Adv. No. A81-571
  13. Matter of Myrick (1994)

    This adversary proceeding concerns the dischargeability of a debt that may arise from a pending claim for alleged intentional interference with business relations, breach of fiduciary duty, and appropriation of good will (See A93-4111, A93-4116, and District Court Case No. 4:CV93-3163). Before the court is the Motion for Summary Judgment by the defendant-debtor, Marlon A. Myrick (Fil. # 12). Partial summary judgment is granted for the debtor under § 727(a)(2)(A) and § 523(a)(4). Summary [...]

    Court: Bankruptcy Court for the District of Nebraska Docket: Bankruptcy No. BK93-41330. Adv. No. A93-4111
  14. In Re Novak (2007)

    Hearing was held in Omaha, Nebraska, on December 10, 2007, on Debtor's Chapter 13 Plan (Fil.# 4), an Objection to Confirmation of Plan filed by the Chapter 13 Trustee (Fil.# 15), and Debtor's Response to Trustee's Objection (Fil.# 18)., Charles B. Garman appeared for Debtor, and Tom Kenny appeared on behalf of the Chapter 13 Trustee. This memorandum contains findings of fact and conclusions of law required by Federal Rule of Bankruptcy Procedure 7052 and Federal Rule of Civil Procedure 52. This [...]

    Court: Bankruptcy Court for the District of Nebraska Docket: BK07-81554
  15. In Re Schilke (2007)

    This matter was presented to the Court on Confirmation of Debtor's Chapter 12 Plan (Fil.# 13), and an Objection to Confirmation of Plan filed by the United States of America/Internal Revenue Service (Fil.# 19). A Stipulation of Facts was submitted by the parties (Fil.# 29). James R. Nisley appeared for Debtor, and Henry N. Carriger appeared for the United States/Internal Revenue Service ("IRS"). This memorandum contains findings of fact and conclusions of law required by Federal Rule of [...]

    Court: Bankruptcy Court for the District of Nebraska Docket: BK06-41813
  16. Matter of Rahe (1995)

    This matter comes before the court on the trustee's proposed sale of a 1985 Mazda 626 to Tad D. Eickman and his insurer, Union Insurance Company, Lincoln, Nebraska for $2,000.00 cash. (See Fil. # 29). Consummation of the proposed sale would constitute not only a severe breach of ethical rules governing attorney conduct, but would be criminal in nature. The proposed sale is not approved.


    Court: Bankruptcy Court for the District of Nebraska Docket: Bankruptcy No. BK94-40401
  17. In Re Hickey (2007)

    Hearing was held in Omaha, Nebraska, on June 25, 2007, on Debtor's Chapter 13 Plan (Fil.# 6), an Objection thereto filed by Deere & Company (Fil.# 15), and an Objection by the Chapter 13 Trustee (Fil.# 12). John T. Turco appeared for Debtor, Brandon R. Tomjack appeared for Deere & Company ("Deere"), and Marilyn Abbott appeared for the Chapter 13 Trustee. This memorandum contains findings of fact and conclusions of law required by Federal Rule of Bankruptcy Procedure 7052 and Federal [...]

    Court: Bankruptcy Court for the District of Nebraska Docket: BK07-80634-TJM
  18. Matter of Sauer (1995)

    Counsel for the debtor in possession, Ms. Marion Pruss, purchased debtor's personal residence after a secured creditor obtained relief from the automatic stay and foreclosed. Before the court is the Motion for Authorization to Permit Ms. Pruss to Enter Into Trust Agreement and for Authority to Continue as Attorney for Debtor in Possession filed by James A. Sauer, individually, and Marion Pruss; Objections have been filed by the United States Trustee, Unsecured Creditors Committee and creditors [...]

    Court: Bankruptcy Court for the District of Nebraska Docket: Bankruptcy No. BK90-80898
  19. Matter of Nidiver (1998)

    This Chapter 7 case is before the court to consider approval of the debtors' reaffirmation of their obligation to pay bankruptcy counsel for legal services rendered before the bankruptcy case was filed. Such a reaffirmation agreement serves the laudatory purpose of permitting a cash poor debtor to file a Chapter 7 bankruptcy case on credit, and to avoid the often suspected scenario in which counsel place the cash poor debtor in a Chapter 13 case, so that legal fees can be paid over time.


    Court: Bankruptcy Court for the District of Nebraska Docket: Bankruptcy No. BK97-41095
  20. Matter of Woodhead (1994)

    This adversary proceeding concerns the dischargeability of a debt that may arise from a pending claim for alleged intentional interference with business relations, breach of fiduciary duty, and appropriation of good will (See A93-4110, A93-4116, and District Court Case No. 4:CV93-3163). Before the court is the Motion for Summary Judgment by the defendant-debtor, Dennis R. Woodhead (Fil. # 12). Partial summary judgment is granted for the debtor under § 727(a)(2)(A) and § 523(a)(4). Summary [...]

    Court: Bankruptcy Court for the District of Nebraska Docket: Bankruptcy No. BK93-41331. Adv. No. A93-4110

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