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The following
listing of cases are provided because they are relevant to
chapter 13 practice and may be helpful. Do not assume that
this is a complete listing of cases that are relevant to
chapter 13 issues nor that the listing necessarily represents
all currently decided cases. Do not rely upon case summaries.
For a complete understanding, individuals need to read the
actual cases. Some chapter 7 and chapter 11 cases have been
included. The cases are arranged within topical headings
first, in the order of mandatory authority and second, by
date. For example, the cases are arranged: United States
Supreme Court, 8th Circuit Court of Appeals, 8th
Circuit Bankruptcy Appellate Panel and District Court of
Nebraska, and then U.S. Bankruptcy Court for the District of
Nebraska and State of Nebraska statutes for exemptions.
Whenever a
public domain website reference could be found, the site was
used. Otherwise, citations and/or summaries have been
provided. Parallel citations may or may not be given.
Citations to "Neb. Bkr. __:__" refer to the Nebraska
Bankruptcy Service series of U.S. Bankruptcy Court for the
District of Nebraska opinions available at a cost through
Legal Information Services, Inc. (discussed in the Links
Section under Newsletters, 13 News©, August, 1995)
Consider also
the Eighth Circuit Court of Appeals Policy Regarding
Unpublished Opinions which states:
"Eighth
Circuit Rule 28A(k) governs citation of unpublished
opinions. While unpublished opinions are not precedent and
generally should not be cited, the rule does permit counsel
to cite an unpublished Eighth Circuit opinion when it has
persuasive value and no other opinion from this or another
Court would serve as well."
For a
refresher on legal citation, see Introduction to
Basic Legal Citation by Peter W. Martin (Cornell
Law School) http://www.law.cornell.edu/citation/citation.table.html
APPEAL ISSUES ATTORNEY
FEES
AUTOMATIC STAY
AVOIDANCE ACTIONS
CLAIMS
CHAPTER 13 PLAN FORMATION
CONFIRMATION MATTERS
CONVERSIONS
DISCHARGE
DISMISSAL
ELIGIBILITY
EXEMPTIONS
MODIFICATION OF CHAPTER 13
PLANS
PROPERTY OF THE ESTATE
RELIEF FROM THE STAY
REOPENING BANKRUPTCY CASES
SANCTIONS
STATUTES OF LIMITATION
VENUE
MISCELLANEOUS
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