ORDER THOMAS L. SALADINO , Chief Judge . Hearing was held in Lincoln, Nebraska, on December 14, 2015, on the motion by certain defendants to dismiss pursuant to Rule 7012(b) (Fil. No. 13). Brandon R. Tomjack and T. Randall Wright appeared for the plaintiff, and Kathryn J. Derr appeared for the moving defendants. The motion is denied. The trustee of the Skyline Manor Chapter 11 bankruptcy estate filed this adversary proceeding against 21 defendants to recover approximately $600,000 in...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . Hearing was held in Omaha, Nebraska, on November 9, 2015, on an objection to claim of Platte Valley Bank filed by creditor Harry Karsten (Fil. #44). Erin M. McCartney appeared for Debtor, Stacy C. Bach appeared as the Chapter 7 trustee, Phillip Kelly appeared for Platte Valley Bank ("Platte Valley") and as special counsel for the Chapter 7 trustee, Kristen Krueger and Donald L. Swanson appeared for creditor Harry Karsten, and Richard P....
ORDER THOMAS L. SALADINO , Bankruptcy Judge . Hearing was held in Omaha, Nebraska, on November 2, 2015, on the debtors' motion to avoid the lien of Kevin and Bonnie Boryca (Fil. No. 22) and objection to the Borycas' claim (Fil. No. 23), and resistances by the Borycas (Fil. Nos. 26 and 27). Samuel J. Turco, Jr., appeared for the debtors, and Bonnie Boryca appeared on her own behalf. The creditors Kevin and Bonnie Boryca hold a 2014 Douglas County Court judgment of $9,259.81 against the...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on the plaintiff-debtors' motion for summary judgment (Fil. No. 9). No objection was filed. Bruce C. Barnhart represents the debtors. No appearance has been made for the defendant. Evidence 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. This adversary proceeding was filed to avoid a junior lien on...
ORDER THOMAS L. SALADINO , Chief Judge . This matter is before the court on the plaintiff-debtors' motion for summary judgment (Fil. No. 13). No objection was filed. Bruce C. Barnhart represents the debtors. No appearance has been made for the defendant. Evidence 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. This adversary proceeding was filed to avoid a junior lien on the...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . Hearing was held in Omaha, Nebraska, on August 17, 2015, on Debtor's counsel's interim application for fees and expenses (Fil. #168), with objections by the United States Trustee (Fil. #190) and the Committee of Unsecured Creditors (Fil. #193). Robert F. Craig appeared for Robert F. Craig P.C. (hereinafter collectively "Applicant"), Jerry L. Jensen appeared for the United States Trustee, Lauren R. Goodman appeared for the Committee of...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on the plaintiff-debtor's complaint to determine dischargeability of debt consisting of medical reimbursement and grant reimbursement. Albert P. Burnes represents the debtor, and Jessica J. Rasmussen represents the defendant. The parties' joint request to submit this case on stipulated facts and briefs was granted, the documents have been filed with the court, and the matter is now ready for decision. Upon a...
ORDER SHON HASTINGS , Bankruptcy Judge . I. Introduction Bankruptcy Trustee Thomas D. Stalnaker filed this adversary proceeding, requesting the Court to determine ownership of $1,190,000 he received from the bankruptcy estate of Tri-State Ethanol Company, LLC. 1 Trial of this matter was held in late October 2013. The Court found that the funds were property of the Defendants other than Centris Federal Credit Union and not property of the Tri-State Financial, LLC bankruptcy estate. Doc....
