Willmar Electric Services Corp. v. Dailey
||Willmar Electric Services Corp.
||Joseph Kyle Dailey
||Thomas D. Stalnaker and U.S. Trustee
||U.S. Bankruptcy Court
||January 31, 2018
||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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|September 19, 2018
MEMORANDUM OPINION - The record before the Court supports the Bankruptcy Court's decision. Because the Lien Waivers in question did not concern Dailey's or SequrComm's overall financial condition, the Bankruptcy Court properly analyz ed Willmar's claim under 11 U.S.C. § 523(a)(2)(A). Evidence supported the finding that Dailey intended to pay Anixter at the time Dailey executed the Lien Waivers, and that the representations in the Lien Waivers were not fraudulent. Th e Bankruptcy Court's decision to dismiss Willmar's claims under 11 U.S.C. § 523(a)(2)(A) and (a)(6) was not clearly erroneous. The judgment of the Bankruptcy Court will be affirmed, and a separate judgment will be entered in accordance with this Memorandum Opinion. Ordered by Chief Judge Laurie Smith Camp. (LKO)
|April 25, 2018
ORDER that on or before May 10, 2018, attorney Kevin J. OConnell shall register for admission and register for the CM/ECF system or show cause by written affidavit why he cannot comply with the rules of the Court. Failure to comply with this order will result in the Court removing Kevin J. OConnell as counsel of record for the Defendant. Ordered by Chief Judge Laurie Smith Camp. (copy mailed to Kevin J. O'Connell)(MBM)
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