(1) Lottery shall mean a gambling scheme in which (a) participants pay or agree to pay something of value for an opportunity to win, (b) winning opportunities are represented by tickets differentiated by sequential enumeration, (c) the winners are to be determined by a random drawing of the tickets or by the method set forth in section 9-511.01 or 9-511.02, and (d) the holders of the winning tickets are to receive something of value.
(2) Except as provided in section 9-511.02, lottery shall not include (a) any raffle, (b) any gambling scheme which uses any mechanical, computer, electronic, or video gaming device which has the capability of awarding something of value, free games redeemable for something of value, or tickets or stubs redeemable for something of value, (c) any activity authorized or regulated under the Nebraska Bingo Act, the Nebraska County and City Lottery Act, the Nebraska Lottery and Raffle Act, the Nebraska Pickle Card Lottery Act, the State Lottery Act, section 9-701, or Chapter 2, article 12, or (d) any activity prohibited under Chapter 28, article 11.
Notes of Decisions
Reeves v. Assoc. Fin. Servs. Co., Inc., 247 N.W.2d 434 (Neb. 1976).
· cites it 4× “On appeal, Reeves now, arguing in the alternative, raises the additional argument that the reassignment of his contract to Floyd’s on September 4, 1974, was not a commercially reasonable sale under section 9-504(3), U.”
McGowen v. Nebraska State Bank, 427 N.W.2d 772 (Neb. 1988).
· cites it 14× “Measuring the junior secured party’s “any loss” under section 9-507 in this way is essentially identical to the method used in pre-Code cases of this sort, and, more important, it will put the subordinate creditor “in as good a position as if the other party [the senior secured…”
Allis-Chalmers Corp. v. Haumont, 371 N.W.2d 97 (Neb. 1985).
· cites it 12× “In what is relevant here it provides: "(1) If it is established that the secured party is not proceeding in accordance with the provisions of this Part disposition may be ordered or restrained on appropriate terms and conditions.”
First Nat'l Bank of Bellevue v. Rose, 196 N.W.2d 507 (Neb. 1972).
· cites it 2× “The first sentence of section 9-507(2), U. C. C., indirectly supports that conclusion: “The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the secured party is not of itself sufficient to establish…”
Crowder v. Allied Inv. Co., 209 N.W.2d 141 (Neb. 1973).
· cites it 3× “§ 9-507, U. C. C. The problem here is there was no competent evidence to show the amount of any loss sustained by the plaintiffs.”
State Bank of Litchfield v. Lucas, 315 N.W.2d 238 (Neb. 1982).
· cites it 2× “§ 9-507 (Reissue 1980). The county court therefore dismissed plaintiff's petition and entered judgment for the defendant on her counterclaim in the sum of $378.”
Fjellin v. Penning, 41 F. Supp. 3d 775 (D. Neb. 2014).
· cites it 2× “” (emphasis added)); 9 Hawkland UCC Series § 9-507:1 (Westlaw 2014) (“Subsection 9-507(1) [the prior version of § 9-625] sets out the remedies for the debtor and certain other secured creditors when the secured party fails to comply with the default provisions of the Code.”
Chadron Energy Corp. v. First Nat'l Bank, 379 N.W.2d 742 (Neb. 1986).
“§ 9-507(1) (Reissue 1980) provides in part: If it is established that the secured party is not proceeding in accordance with the provisions of this part disposition may be ordered or restrained on appropriate terms and conditions.”
United States v. Pirnie, 339 F. Supp. 702 (D. Neb. 1972).
· cites it 2× “Section 9-507(2) of the Uniform Commercial Code states that the fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the secured party is not in itself sufficient to establish that the sale was not made in…”
Kearney State Bank & Trust Co. v. Scheer-Williams, 428 N.W.2d 888 (Neb. 1988).
“§ 9-507(2) (Reissue 1980) in part provides: The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the secured party is not of itself sufficient to establish that the sale was not made in a commercially…”
Matter of Gerber, 51 B.R. 526 (Bankr. D. Neb. 1985).
· cites it 2× “As for the argument that unless the creditor is prohibited from seeking repayment of the balance of its claim, creditors will have no incentive to obey the law, debtors have available Section 9-507 of the Nebraska Uniform Commercial Code which is entitled “Secured party’s…”
Cabrera v. Courtesy Auto, Inc., 192 F. Supp. 2d 1012 (D. Neb. 2002).
“ions of fraud (including that the Pontiac was worth less than the sales price, and was sold to Cabrera with the intention of repossessing it), to recover damages for loss of use of the Pontiac and other damages associated with the alleged wrongful conversion of the vehicle and…”
— Neb. Rev. Stat. § 9-507(1) — 4 cases
Reeves v. Assoc. Fin. Servs. Co., Inc., 247 N.W.2d 434 (Neb. 1976).
“On appeal, Reeves now, arguing in the alternative, raises the additional argument that the reassignment of his contract to Floyd’s on September 4, 1974, was not a commercially reasonable sale under section 9-504(3), U.”
McGowen v. Nebraska State Bank, 427 N.W.2d 772 (Neb. 1988).
“Measuring the junior secured party’s “any loss” under section 9-507 in this way is essentially identical to the method used in pre-Code cases of this sort, and, more important, it will put the subordinate creditor “in as good a position as if the other party [the senior secured…”
Fjellin v. Penning, 41 F. Supp. 3d 775 (D. Neb. 2014).
“” (emphasis added)); 9 Hawkland UCC Series § 9-507:1 (Westlaw 2014) (“Subsection 9-507(1) [the prior version of § 9-625] sets out the remedies for the debtor and certain other secured creditors when the secured party fails to comply with the default provisions of the Code.”
Chadron Energy Corp. v. First Nat'l Bank, 379 N.W.2d 742 (Neb. 1986).
“§ 9-507(1) (Reissue 1980) provides in part: If it is established that the secured party is not proceeding in accordance with the provisions of this part disposition may be ordered or restrained on appropriate terms and conditions.”
— Neb. Rev. Stat. § 9-507(2) — 3 cases
First Nat'l Bank of Bellevue v. Rose, 196 N.W.2d 507 (Neb. 1972).
“The first sentence of section 9-507(2), U. C. C., indirectly supports that conclusion: “The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the secured party is not of itself sufficient to establish…”
United States v. Pirnie, 339 F. Supp. 702 (D. Neb. 1972).
“Section 9-507(2) of the Uniform Commercial Code states that the fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the secured party is not in itself sufficient to establish that the sale was not made in…”
Kearney State Bank & Trust Co. v. Scheer-Williams, 428 N.W.2d 888 (Neb. 1988).
“§ 9-507(2) (Reissue 1980) in part provides: The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the secured party is not of itself sufficient to establish that the sale was not made in a commercially…”
— Neb. Rev. Stat. § 9-507(b) — 1 case
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