ORDER DENYING MOTION FOR TEMPORARY RESTRAINING ORDER THOMAS L. SALADINO , Bankruptcy Judge . The Plaintiff, Jerry J. Morgan, Sr., seeks an ex-parte temporary restraining order (Fil. #39) to prevent a trustee's sale of certain real estate from taking place on December 11, 2017. James R. McVay represents the Plaintiff; Patrick R. Turner represents Defendants Specialized Loan Servicing, LLC and Bank of New York Mellon; and Jennifer L. Andrews represents Defendants Wells Fargo Home Mortgage,...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . Hearing was held on September 13, 2017, on the Chapter 7 trustee's objection to exemptions (Fil. No. 17) and response by the debtors (Fil. No. 19). Stacy C. Bach appeared for the debtors and Philip M. Kelly appeared as the Chapter 7 trustee. Subsequent to the hearing, briefs and a stipulation of facts were submitted, and the matter is now ready for decision. For reasons explained below, the objection to exemptions is moot in light of case law...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on the debtor-plaintiffs' motion for summary judgment against Real Time Solutions (Fil. No. 23). No objection was filed. Samuel J. Turco, Jr., represents the plaintiffs. No appearance has been made for the defendant. Evidence and a brief 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 motion is...
ORDER GRANTING MOTION TO DISMISS Shon Hastings , Judge, United States Bankruptcy Court . The United States Trustee filed a Motion to Dismiss Pursuant to 11 U.S.C. 707(b)(2) and (b)(3). Debtor Michael Paul Behne opposed the motion. The Court held a hearing, during which it received Debtor's voluntary petition, schedules and statements, pay advices, amended schedules and affidavit as evidence. Docs. 1, 3, 11, 20. Neither party offered testimony. For the following reasons, the motion is...
FINDINGS AND RECOMMENDATIONS TO THE UNITED STATES DISTRICT COURT THOMAS L. SALADINO , Bankruptcy Judge . Hearing was held on August 7, 2017, on the motion by Thomas D. Stalnaker as the Chapter 7 trustee for the bankruptcy estate of Planet Merchant Processing, Inc., to withdraw the reference of this adversary proceeding (Fil. No. 38), and objection by defendant EVO Merchant Services, LLC (Fil. No. 42). Donald L. Swanson, J. Daniel Weidner, and John D. Stalnaker appeared for Thomas D....
ORDER GRANTING JUDGMENT ON COUNTS IV AND V OF THE COMPLAINT SHON HASTINGS , Bankruptcy Judge . Creditor/Plaintiff Cecil Schriner (Schriner) initiated this adversary proceeding by Complaint filed on February 23, 2017. In his Complaint, Schriner seeks a determination denying Debtor/Defendant Sara Schriner (Debtor) a discharge under 11 U.S.C. 727(a)(2), (a)(4), and/or (a)(5). He also seeks a finding that Debtor's debts to Schriner are excepted from discharge pursuant to 11 U.S.C. 523(a)(...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . This adversary proceeding came on for trial in Omaha, Nebraska, on May 8 and 9, 2017. T. Randall Wright, Brandon R. Tomjack, and Nicholas Buda appeared for the plaintiff, and Kathryn J. Derr appeared for defendants Clarke Realty, LLC; Dan Elliott, Inc.; R L Rynard Construction, Inc.; and Rubicon Foods, LLC. Post-trial written arguments have been submitted, and the matter is now ready for decision. I. Background The trustee of the Skyline...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on the motion for summary judgment (Fil. No. 17) filed by defendant Select Portfolio Servicing as servicer for U.S. Bank National Association, as Trustee, Successor in Interest to Wachovia Bank, N.A. (formerly known as First Union National Bank), as Trustee for Long Beach Mortgage Loan Trust 2002-1, and the debtor's resistance to the motion (Fil. No. 22). Richard Register represents the debtor, and Patrick R....
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . This matter is before the court on the issue of a creditor's standing, raised sua sponte on the morning of trial. The arguments have been briefed and the matter is now ready for decision. Patrick R. Turner represents the debtor, and Michael T. Eversden, Robert A. Klyman, Kahn Scolnick, and Daniel Nowicki represent Auro Vaccines, LLC. The debtor, JN Medical, and Full Circle Capital Corporation are parties to a loan, guaranty and security...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . Trial was held in Omaha, Nebraska, on December 1, 2016, and resumed in Lincoln, Nebraska, on January 26, 2017, on the plaintiffs' complaint (Fil. No. 1). At the close of evidence, defendant made an oral motion for judgment on partial findings pursuant to Federal Rule of Bankruptcy Procedure 7052 and Federal Rule of Civil Procedure 52. Robert B. Creager represents the debtor-defendant, and John C. Hahn represents the plaintiffs. Evidence...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . This matter is before the court on the plaintiff's motions for partial summary judgment against defendants Clarke Realty, LLC, Rubicon Foods, LLC, and Dan Elliott, Inc. (Fils. No. 101, 104 and 107). The plaintiff's objection (Fil. No. 143) to one of the defendants' affidavits is also before the court. T. Randall Wright, Brandon R. Tomjack, and Nicholas A. Buda represent the plaintiff, and Kathryn J. Derr represents the defendants....
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . This matter is before the court on plaintiff-debtor's motion for summary judgment (Fil. No. 10). Keith M. Buzzard represents the debtor. No appearance has been made for the defendant. Evidence and a brief 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 motion is granted. This adversary proceeding was filed to recover...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on the debtor-plaintiff's motion for summary judgment (Fil. No. 7). John T. Turco represents the debtor-plaintiff. No appearance has been made for the defendants. Evidence and a brief 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 motion is denied for failure to properly serve the defendants....
ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on the plaintiff's motion for summary judgment (Fil. No. 9). No resistance was filed. Francis X. Skrupa represents the defendants/debtors, and Warren R. Whitted, Jr., represents the plaintiff. Evidence and a brief 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 motion is denied. First Nebraska...
