Myers v. Malone et al
Plaintiff: Richard D. Myers
Defendant: Jeanne Malone
Trustee: Patricia Fahey
Debtor: Daniel Mathew Malone
Interested Party: U.S. Bankruptcy Court
Case Number: 8:2013cv00353
Filed: November 27, 2013
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: John M. Gerrard
Presiding Judge: Cheryl R. Zwart
Nature of Suit: Bankruptcy Withdrawl
Cause of Action: 28 U.S.C. ยง 1334 ab Civil Proceeding (BK)
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
May 21, 2015 Opinion or Order Filing 35 AMENDED ORDER - The Memorandum and Order which was filed in this case on May 8, 2015 at Filing No. 30 is hereby amended. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)(Copy mailed to pro se party)
May 13, 2015 Opinion or Order Filing 31 MEMORANDUM AND ORDER -1) Plaintiff's Motion for Examination of Judgment Debtor, (Filing No. 20 ), is granted. The Debtor's Exam shall take place on June 8, 2015 at 9:30 a.m. in the Special Proceedings Courtroom, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska 68102.2) Plaintiff's Application for Writ of Execution, (Filing No. 27 ), is granted. The Office of the Clerk is directed to issue the Writ of Execution. 3) Plaintiff shall serve a copy of this order on Jeanne Malone. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(JAB)
March 31, 2015 Opinion or Order Filing 15 MEMORANDUM AND ORDER that the findings and recommendations 1 of the United States Bankruptcy Judge are adopted. The note payments made between July 7, 2006 and July 27, 2009 were fraudulent transfers. The purchase of the 25% interest in Via Ch riste in the defendant's name was outside any applicable statute of limitations and therefore, is not recoverable as a fraudulent transfer. The July 27, 2009, note payment was also a preferential transfer. Judgment will be entered in favor of the plaintiff, and against the defendant, in the total amount of $309,877.19. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (JSF)
June 10, 2014 Opinion or Order Filing 14 ORDER that the Court thus concludes that the bankruptcy court was procedurally correct to provide the Court with findings and recommendations for de novo review. Absent any objection, therefore, the Court will review the bankruptcy court's findings and recommendations and rule on the defendant's OBJECTION 9 . Ordered by Judge John M. Gerrard. (ADB)
January 2, 2014 Opinion or Order Filing 6 ORDER sustaining 5 Objection. The Clerk of the United States Bankruptcy Court shall cause a transcript of the trial proceedings held on September 10, 2013, to be prepared and filed. Any party wishing to object to the Bankruptcy Judge's fi ndings and recommendation (filing 1) shall do so by filing an objection and supporting brief within 30 days after the trial transcript is available to counsel, specifying (1) the parts of the findings and recommendation to which the party objects and (2) the legal basis of the objection. Ordered by Judge John M. Gerrard. (ADB)
December 6, 2013 Opinion or Order Filing 3 ORDER - The parties shall show cause, on or before December 16, 2013, why the Court should not hold this matter in abeyance pending the Supreme Court's decision in Arkison, 133 S. Ct. 2880. Absent a showing of cause, the Court will hold thi s matter in abeyance and set deadlines for objections and briefing after the Supreme Court's decision is filed. The deadline for objecting to the Bankruptcy Judge's findings and recommendations is suspended until further order of the Court. Ordered by Judge John M. Gerrard. (GJG)
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Trustee: Patricia Fahey
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Debtor: Daniel Mathew Malone
Represented By: David G. Hicks
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Defendant: Jeanne Malone
Represented By: David A. Domina
Represented By: Christopher A. Mihalo
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Plaintiff: Richard D. Myers
Represented By: James P. King
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Interested party: U.S. Bankruptcy Court
Represented By: U.S. Bankruptcy Clerk - Omaha
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