Legal Opinion

In Re O'Neil

District Court, D. Nebraska

Decided June 26, 2008No. 8:07CV351. Bankruptcy No. 05-81466Published

1Opinion of the Court

MEMORANDUM AND ORDER

RICHARD G. KOPF, District Judge.

Nebraska Workforce Development, Department of Labor (“NWD-DOL”), a creditor in this case, appeals an order of the bankruptcy court finding that NWDDOL’s recoupment of “a pre-petition overpayment of unemployment insurance benefits from benefits that first became payable post-petition ... was in violation of the automatic bankruptcy stay and that the recouped funds should be returned to Debtor.” (Filings 74 & 75 in Bankr.Case No. BK05-81466-TJM; see also In re O’Neil, 370 B.R. 215 (Bankr.D.Neb.2007).) NWD-DOL has elected to have its appeal…

2Cases cited12 opinions

In Re B & L Oil Company, Debtor, Ashland Petroleum Company v. Garry R. Appel, Trustee for B & L Oil CompanyCourt of Appeals for the Tenth Circuit · 1986
In Re: Diane Malinowski and Stanley Malinowski, Debtor Diane Malinowski and Stanley Malinowski v. New York State Department of LaborCourt of Appeals for the Second Circuit · 1998
In Re MaineUnited States Bankruptcy Court, W.D. New York · 1983
Pension Benefit Guaranty Corp. v. Falcon Products, Inc.Court of Appeals for the Eighth Circuit · 2007
In Re AdamicUnited States Bankruptcy Court, D. Colorado · 2003

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