Overcash v. Big Drive Cattle, L.L.C. et al
||James A. Overcash
||Big Drive Cattle, L.L.C.
||U.S. Bankruptcy Court
||April 9, 2015
||US District Court for the District of Nebraska
||4 Lincoln Office
||Laurie Smith Camp
|Nature of Suit:
||Bankruptcy Appeal (801)
|Cause of Action:
||28:0158 Notice of Appeal re Bankruptcy Matter (BA
|Jury Demanded By:
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|March 30, 2016
MEMORANDUM OPINION - Appellant admitted that the Debtor was insolvent at the time of Transfers. The record before the Court supports the Bankruptcy Court's factual determination that a bailment relationship did not exist between Appellant and De btor. Accordingly, the Transfers were voidable under 11 U.S.C. § 547(b). Finally, the record before the Court supports the Bankruptcy Court's factual determination that the Transfers were not subject to the ordinary-course-of-business exception under 11 U.S.C. § 547(c)(2). Accordingly, the judgment of the Bankruptcy Court will be affirmed. A separate Order and Judgment will be entered in accordance with this Memorandum Opinion. Ordered by Chief Judge Laurie Smith Camp. (KLF)
|July 6, 2015
ORDER that the Appellant's Unopposed Motion for Extension of Time to File Appellant's Reply Brief 17 is granted; Appellant's Reply Brief shall be filed on or before July 13, 2015. Ordered by Chief Judge Laurie Smith Camp. (ADB)
|May 4, 2015
ORDER - The Motion to Withdraw (Filing No. 9 ) filed by Brian Koerwitz, attorney of record for Plaintiff James A. Overcash, Chapter 11 Trustee, is granted. Ordered by Chief Judge Laurie Smith Camp. (JAB)
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