ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on the plaintiff's amended motion for summary judgment (Fil. No. 13) and objection by the defendant-debtor (Fil. No. 14). Stacy C. Bach represents the debtor, and Brian S. Judy represents the plaintiff. 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 motion is granted. This...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . This matter is before the court on motions for summary judgment filed by the defendant (Fil. No. 11) and the plaintiff (Fil. No. 14). Elizabeth A. Hoffman and Donald L. Swanson represent the plaintiff, and Gene W. Rosen represents the defendant. Evidence and briefs were filed and, pursuant to the court's authority under Nebraska Rule of Bankruptcy Procedure 7056-1, the motions were taken under advisement without oral arguments. Both...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on an issue involved in Hansen's Petroleum Products, Inc.'s application for payment of super-priority expense (Fil. #177), response filed by Chapter 7 trustee Philip Kelly (Fil. #179), resistance filed by creditor Adams Bank & Trust (Fil. #182) and resistance filed by creditor Great Western Enterprises, Inc. (Fil. #183). Douglas Quinn represents Hansen's Petroleum Products, James Overcash represents Philip Kelly,...
ORDER REPORT and RECOMMENDATION THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on Wells Fargo Bank, N.A.'s motion for summary judgment (Fil. No. 66) and objection by the plaintiff (Fil. No. 71). James B. McVay represents the Plaintiff, Jerry Morgan ("Morgan"), and Jennifer L. Andrews represents defendant Wells Fargo Bank. The motion was taken under advisement as submitted without oral arguments. As more fully discussed below, this Bankruptcy Court does not have...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on the Chapter 7 trustee's motion for summary judgment (Fil. No. 47) and resistance by the defendants (Fil. No. 50). David J. Skalka represents the plaintiff, and Erin Ebeler Rolf represents the defendants. 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 motion is granted...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on the Chapter 7 trustee's motion for summary judgment (Fil. No. 24) and resistance by the defendant (Fil. No. 42). Sam King represents the plaintiff, and Erin Ebeler Rolf 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. The motion is denied. This is an...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . Hearing was held on June 27, 2018, on the Chapter 7 trustee's objections to the claims of Independence Bank (Fil. Nos. 243 and 244) and resistance by the bank (Fil. Nos. 247 and 248). Mark J. LaPuzza and Ben Pick appeared for Independence Bank, and Richard D. Myers appeared as the Chapter 7 trustee. Post-hearing briefs were filed and the matter is now ready for decision. The trustee's objections are sustained as to the post-petition interest...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . This matter is before the court on the debtor-plaintiffs' motion for summary judgment (Fil. No. 12). No objection was filed. John Turco represents the plaintiffs. Wendee N. Elliott-Clement represents the defendant. 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 avoid a junior...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on the cross-motions for summary judgment filed by the Plaintiff, Nebraska Department of Health and Human Services (Fil. No. 29), and the Defendant, N. Curtis Dunlop (Fil. No. 31). Vicki L. Adams represents the Plaintiff, and James C. Bocott 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...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . Hearing was held on March 7, 2018, on the Chapter 7 Trustee's motion to determine amount of secured claim (Fil. No. 231) and objection by AG-Land Aviation, Inc. (Fil. No. 268). Zachary Lutz-Priefert appeared for the debtors, Tawna Holmstedt appeared for AG-Land Aviation, Philip Kelly appeared as the Chapter 7 Trustee, James Overcash appeared for the Chapter 7 Trustee, Douglas Quinn appeared for Hansen's Petroleum Products, Michael D....
FINDINGS AND RECOMMENDATIONS TO THE UNITED STATES DISTRICT COURT THOMAS L. SALADINO , Chief Bankruptcy Judge . This matter is before the court on the parties' Joint Preliminary Pretrial Statement (Fil. No. 19). Patrick R. Turner represents the plaintiff-debtor, and Michael T. Eversden represents the defendant. The debtor, JN Medical, and Full Circle Capital Corporation are parties to a loan, guaranty and security agreement dated as of June 30, 2014, pursuant to which the debtor borrowed...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . Hearing was held in Omaha, Nebraska, on February 14, 2018, on the Debtor's amended Chapter 12 plan filed on December 15, 2017 (Fil. #118), with objections by creditors Banner Capital Bank (Fil. #119) and Western Cooperative Company (Fil. #123). John C. Hahn appeared for the Debtor; Philip M. Kelly appeared for Banner Capital Bank; Adam A. Hoesing appeared for Western Cooperative Company; Brandon R. Tomjack appeared for Deere & Company; and...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on Great Western Enterprises, Inc.'s motion for summary judgment (Fil. No. 16) and resistance by Western Terminal Transportation, L.L.C. (Fil. No. 20). Adam A. Hoesing represents Western Terminal Transportation and Robert B. Reynolds represents Great Western Enterprises. Evidence and briefs were filed and, pursuant to the court's authority under Nebraska Rule of Bankruptcy Procedure 7056-1, the motion was taken...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . This matter is before the court on the debtor-defendant's motion for summary judgment (Fil. No. 26) and objection by the plaintiff (Fil. No. 34). Victor E. Covalt III represents the debtor, and John A. O'Brien and Scott C. Sandberg represent the plaintiff. 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....
