CASE NUMBER
4:16-bk-41395
4:16-bk-41395
TYPE / CHAPTER
Voluntary / 7
Voluntary / 7
Docket Entries by Year
There are 359 older docket entries.To see the entire docket, login, subscribe now, or purchase this single case. |
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| Oct 27, 2019 | 350 | Comment of the United States Trustee Pursuant to 28 U.S.C. § 586(a)(3)(A). The Office of U.S. Trustee has reviewed the Application and reports to the Court that it has no objection to the approval of the fees and expenses requested. The U.S. Trustee reserves the right to comment on or object to any future interim or final fee applications. (RE: related document(s)349 Application for Compensation filed by Trustee Philip M. Kelly, Accountant Bruce E. Schreiner) (Jensen, Jerry) (Entered: 10/27/2019) | ||
| Nov 6, 2019 | 351 | Motion for Disgorgement Filed by Creditor Hansen's Petroleum Products 9013 Objections due by 11/27/2019. (Quinn, Douglas) (Entered: 11/06/2019) | ||
| Nov 6, 2019 | 352 | Objection to Final Interim Application for Allowance of Compensation to CPA Filed by Creditor Hansen's Petroleum Products (RE: related document(s)349 Application for Compensation filed by Trustee Philip M. Kelly, Accountant Bruce E. Schreiner) (Quinn, Douglas) RE-FILED, SEE ENTRY 354. Modified on 11/6/2019 (kks). (Entered: 11/06/2019) | ||
| Nov 6, 2019 | 353 | Notice Pursuant to Neb. R. Bankr. P. 9013-1 by Douglas E. Quinn Filed by Creditor Hansen's Petroleum Products (RE: related document(s)351 Generic Motion filed by Creditor Hansen's Petroleum Products) 9013 Objections due by 11/27/2019. (Quinn, Douglas) (Entered: 11/06/2019) | ||
| Nov 6, 2019 | 354 | Objection to Professional Fees Filed by Douglas E. Quinn on behalf of Hansen's Petroleum Products . (RE: related document(s)349 Application for Compensation filed by Trustee Philip M. Kelly, Accountant Bruce E. Schreiner) CORRECTIVE ENTRY: ORIGINALLY, THE INCORRECT EVENT WAS USED. THIS ENTRY REPLACES 352. (kks) Modified on 11/6/2019 (kks). (Entered: 11/06/2019) | ||
| Nov 12, 2019 | 355 | Hearing Set On (RE: related document(s)349 Final Application for Compensation for Bruce E. Schreiner, Accountant, Filed by Trustee Philip M. Kelly, 354 Objection to Professional Fees filed by Creditor Hansen's Petroleum Products). Hearing scheduled for 11/25/2019 at 10:00 AM at Omaha Courtroom-Telephonic Hearing. (law) (Entered: 11/12/2019) | ||
| Nov 25, 2019 | 356 | Order Approving Final Application for Allowance of Compensation to CPA (Related Doc # 349). Hearing held on November 25, 2019. Philip Kelly, Chapter 7 Trustee, appeared. Doug Quinn appeared for Hansens Petroleum Products. The final application is approved. However, the trustee shall not pay this or any other administrative claim until the pending Motion for Disgorgement is resolved. ORDERED by Judge Thomas L. Saladino (Text Only Order) (law) (Entered: 11/25/2019) | ||
| Nov 26, 2019 | 357 | Objection to Hansen's Petroleum Products, Inc.'s Motion for Disgorgement Filed by Trustee Philip M. Kelly (RE: related document(s)351 Generic Motion filed by Creditor Hansen's Petroleum Products) (Overcash, James) (Entered: 11/26/2019) | ||
| Nov 27, 2019 | 358 | Support Document Re: Objection to Motion for Disgorement Filed by Zachary W Lutz-Priefert on behalf of Happy Jack's Petroleum, Inc.. (Lutz-Priefert, Zachary) RE-FILED, SEE ENTRY #360. Modified on 11/27/2019 (kks). (Entered: 11/27/2019) | ||
| Nov 27, 2019 | 359 | Resistance Filed by Creditor Adams Bank & Trust (RE: related document(s)351 Generic Motion filed by Creditor Hansen's Petroleum Products) (Reynolds, Robert) (Entered: 11/27/2019) | ||
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| Jan 8, 2020 | 370 | PDF with attached Audio File. Court Date & Time [ 1/6/2020 11:21:09 AM ]. File Size [ 7713 KB ]. Run Time [ 00:32:08 ]. (CRTclerk). (Entered: 01/08/2020) | ||
| Jan 28, 2020 | 371 | Declaration of Susan Hansen in Support of Hansen's Petroleum Products Motion for Disgorgement. Filed by Douglas E. Quinn on behalf of Hansen's Petroleum Products. (RE: related document(s)351 Generic Motion filed by Creditor Hansen's Petroleum Products) (Quinn, Douglas) (Entered: 01/28/2020) | ||
| Jan 28, 2020 | 372 | Order Taking Under Advisement (RE: related document(s)351 Motion for Disgorgement filed by Creditor Hansen's Petroleum Products). The matter is taken Under Advisement. ORDERED by Judge Thomas L. Saladino (Text Only Order) (law) (Entered: 01/28/2020) | ||
| Jan 28, 2020 | 373 | Affidavit of Philip Kelly in Support of Objection to Motion for Disgorgement. Filed by Philip M. Kelly on behalf of Philip M. Kelly. (RE: related document(s)357 Objection filed by Trustee Philip M. Kelly) (Kelly, Philip). LINKAGE CORRECTED. Modified on 1/29/2020 (kks). (Entered: 01/28/2020) | ||
| Jan 30, 2020 | 374 |
Order Denying (RE: related document(s)351 Motion for Disgorgement filed by Creditor Hansen's Petroleum Products). Hansen's had the opportunity to object to the bank's arrangement with the trustee. It failed to do so. In fact, in response to a motion by the trustee to make a partial distribution of some of the funds generated under the trustee's agreement with the bank, Hansen's went so far as to say that "it has no objection to the payment of the trustee's fees as requested" in the motion (Fil. #246). In sum, Hansen's has failed to articulate any legal right or claim to the funds it seeks to have disgorged by the Chapter 7 administrative claimants. There is simply no basis now to disturb the court-approved arrangement between the trustee and Adams Bank, or the payments made thereunder. Accordingly, the motion for disgorgement should be denied as to the Chapter 7 administrative expenses. To be clear, this Court is not saying that a cause of action for disgorgement may never exist. In fact, caselaw from this jurisdiction indcates that such a cause of action may exist under appropriate circumstances. See, Stumpf v. Creel & Atwood, P.C. (In re Lockwood Corp.), 216 B.R. 628, 636-37 (Bankr. D. Neb. 1997). Instead, this ruling is based on the unique facts and circumstances of this case. It simply would be inequitable to allow Hansen's to come in at this late stage to seek disgorgement of duly earned fees from estate professionals. Hansen's had the ability to control this outcome. It could have stopped supplying fuel as soon as debtor defaulted on payment terms. That would have greatly reduced the claim of Hansens. It also could have objected to payment of administrative claims as soon as it knew that the debtor was not in compliance with payment terms. It did not do those things. Hansen's took a risk that the debtor would successfully reorganize. It gambled and lost. Therefore, the motion for disgorgement should be denied as to the Chapter 11 administrative expenses. IT IS ORDERED: Hansen's Petroleum Products, Inc.'s motion for disgorgement (Fil. No. 351) is denied. ORDERED by Judge Thomas L. Saladion. (See pdf Written Opinion in its entirety) Search terms: administrative expenses; super-priority claim; 11 U.S.C. § 364(c)(1); 11 U.S.C. § 503(b); 11 U.S.C. § 507(b); 11 U.S.C. § 506(c); disgorgement (drs) (Entered: 01/30/2020) |
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| Jan 30, 2020 | 375 | Order Denying Motion for Disgorgement Filed by Creditor Hansen's Petroleum Products (Related Doc # 351), see Written Opinion entered this day. ORDERED by Judge Thomas L. Saladino. (Text only order) (drs) (Entered: 01/30/2020) | ||
| Feb 11, 2020 | 376 | Fourth Application for Fees & Expenses for James Overcash, Special Counsel, Fee: $3,391.50, Expenses: $357.65. Filed by Attorney James Overcash 9013 Objections due by 3/3/2020. (Overcash, James) (Entered: 02/11/2020) | ||
| Feb 24, 2020 | 377 | Application for Compensation for Philip M. Kelly, Trustee's Attorney, Fee: $3149.00, Expenses: $698.25. Filed by Trustee Philip M. Kelly 9013 Objections due by 3/17/2020. (Kelly, Philip) (Entered: 02/24/2020) | ||
| Mar 4, 2020 | 378 | Order Approving Fourth Application for Fees & Expenses for James Overcash, Special Counsel, Filed by Attorney James Overcash (Related Doc # 376). Approving for James Overcash, fees awarded: $3391.50, expenses awarded: $357.65. The pleading was filed, served and noticed pursuant to local rules. No timely resistance/objection was filed. The motion is approved. Movant is responsible for giving notice to parties in interest as required by rule or statute. ORDERED by Judge Thomas L. Saladino (Text only order) (law) (Entered: 03/04/2020) | ||
| Mar 17, 2020 | 379 | Comment of the United States Trustee Pursuant to 28 U.S.C. § 586(a)(3)(A). The Office of U.S. Trustee has reviewed the Application and reports to the Court that it has no objection to the approval of the fees and expenses requested. The U.S. Trustee reserves the right to comment on or object to any future interim or final fee applications. (RE: related document(s)377 Application for Compensation filed by Trustee Philip M. Kelly) (Jensen, Jerry) (Entered: 03/17/2020) | ||
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This case is closed and is no longer being updated.
| Adams Bank & Trust |
|---|
| Allen, Scott |
| Alworth, Jim |
| Ansley, Denny |
| Ascentium Capital |
| Baerg, Barry |
| Baumann Enterprises |
| Baumann, Loy |
| Beckius, Bernard |
| Beckius, Carl |
| Beckman, Joyce |
| Belsan, Jay |
| Benge, Jerry |
| Bishop, Gaylord |
| Boehs, John |
Happy Jack's Petroleum, Inc.
P.O. Box 130
Brule, NE 69127
KEITH-NE
Tax ID / EIN: xx-xxx3920
dba Happy Jack's
dba Happy Jack's C Store
dba Happy Jack's Travel Stop
William L. Biggs, Jr.
Gross & Welch
2120 So. 72 St.
1500 Omaha Tower
Omaha, NE 68124
(402) 392-1500
Fax : (402) 392-8101
Email: bbiggs@grosswelch.com
Zachary W Lutz-Priefert
Gross & Welch
1500 Omaha Tower 2120 S 72nd
Omaha, NE 68124
(402) 392-1500
Email: zlutzpriefert@grosswelch.com,
Frederick D. Stehlik
Gross & Welch, PC
2120 So 72nd St
1500 Omaha Tower
Omaha, NE 68124-2342
(402) 392-1500
Fax : (402) 392-8101
Email: fstehlik@grosswelch.com
Philip M. Kelly
Chapter 7 Trustee
PO Box 419
105 E. 16th Street
Scottsbluff, NE 69363-0419
(308) 632-7191
Philip Kelly
Douglas, Kelly, Ostdiek, Snyder, Ossian, Vogl and Snyder, P.C.
105 E. 16th Street
P.O. Box 419
Scottsbluff, NE 69363-0419
308-632-7191
Fax : 308-635-1387
Email: pkelly@scottsblufflaw.com
Philip M. Kelly
Chapter 7 Trustee
PO Box 419
105 E. 16th Street
Scottsbluff, NE 69363-0419
(308) 632-7191
Email: pmktrustee@scottsblufflaw.com
James Overcash
Woods & Aitken, LLP
301 South 13th Street, Suite 500
Lincoln, NE 68508
(402) 437-8519
Fax : (402) 437-8558
Email: jovercash@woodsaitken.com
James A. Overcash
James A. Overcash,Trustee
301 South 13th Street, Ste 500
Woods Aitken LLP
Lincoln, NE 68508
402-437-8500
Email: trustee@woodsaitken.com
Jerry Jensen
Acting Assistant UST
U.S. Trustee's Office
111 South 18th Plz, Suite 1148
Omaha, NE 68102
Jerry L. Jensen
Assistant U.S. Trustee
U.S. Trustee's Office
111 S. 18th Plaza, Suite 1148
Omaha, NE 68102
(402) 221-4302
Email: Jerry.L.Jensen@usdoj.gov
| Date Filed | Name = parent case |
Chapter | Case # |
|---|---|---|---|
| May 23, 2022 | Parker Consulting, LLC | 7 | 4:2022bk40443 |
| May 23, 2022 | Black Hills Organics, LLC | 7 | 4:2022bk40442 |
| Feb 16, 2021 | Bartmess Family, LLC | 11V | 4:2021bk40155 |
| Oct 18, 2016 | Energy Storage & Trading, L.L.C. | 11 | 4:16-bk-41573 |
