In Re: AFY, Inc.

Debtor: AFY
Trustee: Joseph H. Badami and U.S. Trustee
Appellant: Robert A. Sears and Sears Cattle Co.
Interested Party: U.S. Bankruptcy Court
Case Number: 8:2010cv00214
Filed: June 2, 2010
Court: Nebraska District Court
Office: 8 Omaha Office
Presiding Judge: Richard G. Kopf
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28:0158 Notice of Appeal re Bankruptcy Matter (BA
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
June 24, 2010 19 Opinion or Order of the Court ORDER that filing 15 Motion for Reconsideration of the court's memorandum and order entered on June 3, 2010 (filing 13), and for rehearing of the appellants' motion for stay pending appeal (filing 7), is denied. Ordered by Judge Richard G. Kopf. (ADB, )
June 25, 2010 21 Opinion or Order of the Court ORDER granting 20 Motion for Enlargement of Time. The appellants shall have until July 27, 2010, to respond to the appellee's motion to dismiss 18 . Ordered by Judge Richard G. Kopf. (JAE)
September 15, 2010 39 Opinion or Order of the Court MEMORANDUM AND ORDER - Appellee's motion to dismiss 18 is granted. A final judgment dismissing this bankruptcy appeal as moot with respect to all issues presented by Appellant's first notice of appeal 1 will be entered at the conclusion of the case. Appellants' motion for stay pending appeal and request for expedited hearing 33 is denied. Appellants shall file and serve a brief in support of the second and third notices of appeal (filings 29 and 38 ) within 21 days from the date of this order. Appellee shall file and serve an opposing brief within 21 days after service of Appellants' brief. Appellants may file and serve a reply brief within 14 days after service of Appellees' brief, after which time this case will be ripe for decision. Ordered by Judge Richard G. Kopf. (JAE)
June 2, 2010 3 Opinion or Order of the Court COPY OF ORDER from USBC-Nebraska Authorizing and Approving Assumption of Executory Contracts for Sale of Real Estate; the Sale of Real Estate Free and Cleare of Leins and Other Interest; the Payment of Closing and Other Customary Costs from Sale Proceeds; the Payment of the Proceeds. Ordered by Judge Thomas L. Saladino. (JAE)
October 20, 2010 48 Opinion or Order of the Court ORDER granting 47 Motion for Enlargement of Time. The briefing schedule established by the court's memorandum and order entered on September 15, 2010 39 is modified to provide that Appellee shall have until November 3, 2010, to file a brief in opposition to Appellant's third notice of appeal 38 . Ordered by Judge Richard G. Kopf. (Copy forward to USCA-8th Circuit.) (JAE)
June 2, 2010 4 Opinion or Order of the Court COPY OF TEXT ORDER from USBC-Nebraska Granting Motion To Compel Robert A. Sears and Sears Cattle Co. to Implement Court Order No 114 3 . Ordered by Judge Thomas L. Saladino. (JAE)
November 2, 2010 54 Opinion or Order of the Court ORDER granting 53 Motion For Enlargement of Time. The briefing schedule established by the court's memorandum and order entered on September 15, 2010 (filing 39 ), is modified to provide that Appellee shall have until November 8, 2010, to file a brief in opposition to Appellant's third notice of appeal (filing 38 ). Ordered by Judge Richard G. Kopf. (JAE)
November 19, 2010 59 Opinion or Order of the Court ORDER granting 58 Motion for Leave; the Trustee may submit his surreply brief on or before Monday, November 22, 2010. Ordered by Judge Richard G. Kopf. (ADB, )
February 14, 2011 62 Opinion or Order of the Court ORDER TO SHOW CAUSE - The appellants are directed to show cause, on or before March 4, 2011, why their appeals should not be dismissed for lack of jurisdiction. The appellee shall respond to the appellants showing on or before March 21, 2011. The appellants may reply on or before March 31, 2011. Show Cause Deadline set for 3/4/2011.Ordered by Judge Richard G. Kopf. (MKR)
April 5, 2011 71 Opinion or Order of the Court ORDER granting 70 Motion for Leave to file surreply. The Trustee may submit his surreply on or before Tuesday, April 5, 2011. Ordered by Judge Richard G. Kopf. (MKR)
May 11, 2011 73 Opinion or Order of the Court MEMORANDUM AND ORDER - The appeals filed in this court on September 10, 2010 (filing 29 ), and September 15, 2010 (filing 38 ) are dismissed for lack of jurisdiction. Final judgment shall be entered by separate document. Pursuant to the court's memorandum and order filed on September 15, 2010 (filing 39 ), final judgment shall also be entered by separate document dismissing as moot the appeal filed in this court on June 2, 2010 (filing 1 ).Ordered by Judge Richard G. Kopf. (TCL )

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Debtor: AFY
Represented By: Jerrold L. Strasheim
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Trustee: Joseph H. Badami
Represented By: Joseph H. Badami
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Trustee: U.S. Trustee
Represented By: Patricia M. Fahey
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Appellant: Robert A. Sears
Represented By: Jerrold L. Strasheim
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Appellant: Sears Cattle Co.
Represented By: Jerrold L. Strasheim
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Interested party: U.S. Bankruptcy Court
Represented By: U.S. Bankruptcy Clerk - Omaha
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