ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . Trial was held in Omaha, Nebraska, on January 7, 2020, on the debtor's complaint to determine the dischargeability of student loan indebtedness. Wesley H. Bain, Jr., appeared for the plaintiff, and Douglas R. Semisch appeared for the defendants. The parties were given time to file written final arguments, and the matter is now ready to be decided. The plaintiff/debtor in this case is seeking to discharge student loan debt. For the...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . Hearing was held in Omaha, Nebraska, on January 6, 2020, on Hansen's Petroleum Products, Inc.'s motion for disgorgement (Fil. No. 351) and objections by the Chapter 7 trustee (Fil. No. 357), Adams Bank & Trust (Fil. No. 359), and the debtor (Fil. No. 360). Zachary W. Lutz-Priefert and Frederick D. Stehlik appeared for the debtor, Philip M. Kelly appeared as the Chapter 7 trustee, James Overcash appeared for the Chapter 7 trustee, Douglas...
ORDER SHON HASTINGS , Bankruptcy Judge . I. INTRODUCTION First Nebraska Bank ("Bank") filed a Complaint seeking denial of Debtors/Defendants Nolan Balfour's and Maegan Balfour's discharge under 11 U.S.C. 727(a)(2) and 727(a)(4). Alternatively, the Bank requests that the Balfours' debt to the Bank be excepted from discharge under 11 U.S.C. 523(a)(2)(A) and 523(a)(2)(B). In its Complaint, the Bank alleges the Balfours sold or transferred collateral that serves as security for debt to...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . This matter is before the court on 1st Avenue Self Storage, LLC's request for payment of administrative expense claim (Fil. # 838) and Debtors' First Omnibus Response and Objection to Requests for Allowance of Administrative Expenses (Fil. #1386). Alexander J. Kessler and Carly Bahramzad represent the claimant, and James J. Niemeier, Michael T. Eversden, Lauren R. Goodman, James H.M. Sprayregen, Patrick J. Nash, Jr., Travis M. Bayer, and...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on the plaintiff's motion for summary judgment (Fil. No. 20). No resistance was filed. James H. Truell represents the debtor-defendant, and Kristin Krueger and Elizabeth A. Luebbert represent the Bank of Doniphan. Evidence and a brief was filed and, pursuant to the court's authority under Nebraska Rule of Bankruptcy Procedure 7056-1, the motion was taken under advisement without oral arguments. The motion is...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . This matter is before the court on the IRS's motion for summary judgment (Fil. No. 24) and resistance by the debtors (Fil. No. 26). Albert P. Burnes represents the debtors, and Douglas R. Semisch represents the IRS. Evidence and briefs were filed and, pursuant to the court's authority under Nebraska Rule of Bankruptcy Procedure 7056-1, the motion was taken under advisement without oral arguments. The debtors completed their Chapter 13...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . This matter is before the court on the plaintiffs' motion for summary judgment (Fil. No. 9) and objection by the defendant (Fil. No. 15). Douglas D. DeLair represents the defendant, and Audrey R. Svane represents the plaintiffs. The motion was taken under advisement as submitted without oral arguments. Because there is no genuine issue of material fact in dispute, the motion is granted. The plaintiffs in this adversary proceeding...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . Hearing was held on July 15, 2019, on the debtors' motion for order to show cause (Fil. No. 127) and resistance by the United States of America on behalf of the Internal Revenue Service (Fil. No. 131). Richard Register appeared for the debtors, and Douglas R. Semisch appeared for the United States. The motion is denied. The debtors filed this motion to challenge the IRS's post-discharge seizure of tax refunds and Social Security...
ORDER Thomas L. Saladino , Chief Judge . This matter is before the court on the Request for Payment of Administrative Expense Claim filed by creditors McKesson Biologics and Plasma, LLC and McKesson Corporation, Inc. (Filing #782); Objection filed by Debtors (Filing #1386); Amended Objection filed by Debtors (Filing #1702), and Response to Amended Objection filed by McKesson Corporation, Inc. (Filing #1801). On June 25, 2019, the parties entered into a Stipulation for an Agreed Schedule...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . Pursuant to the terms of the Scheduling Order regarding certain administrative claims (Fil. #1656), this Order constitutes the Initial Decision on the Initial Legal Issues described therein. 2 A hearing was held on August 6, 2019, on the Initial Legal Issues regarding Debtors' First Omnibus Response and Objection to Requests for Allowance of Administrative Expenses (Fil. #1386) and all referenced Requests for Allowance of Administrative...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . Hearing was held on May 20, 2019, on the Chapter 7 trustee's motion for turnover (Fil. No. 13) and resistance by the debtor (Fil. No. 16). John T. Turco appeared for the debtor and Brian S. Kruse appeared as Chapter 7 trustee. The parties have submitted post-hearing briefs and the matter is now ready for decision. The trustee's motion is granted. The trustee filed this motion seeking an order requiring the debtor to turn over a vehicle...
ORDER Thomas L. Saladino , Chief Judge . Hearing was held on April 8, 2019, on the Chapter 7 trustee's motion for turnover (Fil. No. 15) and resistence by the debtors (Fil. No. 18), and on the Chapter 7 trustee's objection to exemptions (Fil. No. 16) and resistance by the debtors (Fil. No. 17). John T, Turco appeared for the debtors, and Brian S. Kruse appeared as Chapter 7 trustee. Post-hearing briefs and stipulated facts have been filed, and the matter is now ready for decision. For the...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . A trial on the complaints in these adversary proceedings was held by video conference on March 28, 2019. James Bocott appeared for the debtors, Michael Samuelson appeared for Adams Bank & Trust, and Jerry Jensen appeared for Acting United States Trustee Daniel Casamatta. The court received witness testimony and documentary evidence. The parties were given time to file written closing arguments; those have been submitted. The matter is now...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . This matter comes before the Court on the motion of Hansen's Petroleum Products ("Hansen's") for leave to pursue a surcharge under 11 U.S.C. 506(c) against the collateral of secured creditor Adams Bank & Trust (Fil. #301). Adams Bank filed a resistance (Fil. #307), a part of which asserted that Hansen's does not have standing to pursue a surcharge claim under 506(c). Hansen's is represented by Douglas E. Quinn and Robert Reynolds...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . This matter is before the court on cross-motions for summary judgment by the plaintiff-debtor (Fil. No. 10) and the defendant (Fil. No. 11). Gerald D. Johnson represents the debtor, and Andrew R. Biehl and Craig A. Knickrehm represent the defendant. The defendant has filed evidence and a brief and, pursuant to the court's authority under Nebraska Rule of Bankruptcy Procedure 7056-1, the motions were taken under advisement without oral...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . This matter is before the court on the motion to avoid lien (Fil. #6) filed by Debtor. Samuel J. Turco, Jr. represents the Debtor. There is no appearance by Mid American Title Loan. This order contains findings of fact and conclusions of law required by Federal Rule of Bankruptcy Procedure 7052 and Federal Rule of Civil Procedure 52. This is a core proceeding as defined by 28 U.S.C. 157(b)(2)(A) and (K). The motion suffers from...
ORDER DENYING MOTION FOR SUMMARY JUDGMENT SHON HASTINGS , Bankruptcy Judge . I. Background On February 28, 2019, Plaintiffs Gary and Camille Takuski filed a Motion for Summary Judgment. In their motion, they argue that they are entitled to summary judgment as a matter of law because Defendant/Debtor Jerry V. Kurtz did not answer Requests for Admission of Fact. They assert that failure to answer Requests for Admission of Fact means the matters included in the requests are deemed admitted...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . Trial was held in North Platte, Nebraska on November 28, 2018, on debtor's Objection (Fil. #19) to Claim No. 3-1 of Newtek Small Business Finance, LLC ("Newtek") and the Resistance filed by Newtek (Fil. #24). James C. Bocott appeared for Debtor, Francis E. Anders, DVM ("Dr. Anders"). Patrick M. Heng appeared for Newtek. This order contains findings of fact and conclusions of law required by Federal Rule of Bankruptcy Procedure 7052 and...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . Trial was held by video conference on November 26, 2018, on Plaintiff's Complaint objecting to discharge of Debtor (Fil. #1). Andrew Snyder appeared for Plaintiff, First National Bank of Gordon ("FNB"), and Stacy Bach appeared for Debtor-Defendant, Corey Lee Braun ("Braun"). FNB asserts that debts owed by Braun should be excepted from discharge under 11 U.S.C. 523(a)(2)(B) because of, among other things, inaccuracies and/or omissions in...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . This matter is before the court on the plaintiff's motion for summary judgment (Fil. No. 13) and resistance by the defendant (Fil. No. 20). Donald L. Swanson and Elizabeth A. Hoffman represent the plaintiff, and T. Randall Wright represents the defendant. Evidence and briefs were filed and, pursuant to the court's authority under Nebraska Rule of Bankruptcy Procedure 7056-1, the motion was taken under advisement without oral arguments....
