In re: Tri-State Financial, LLC
| George Allison, Jr., American Interstate Bank, Centris Federal Credit Union, Frank Cernik, Phyllis Cernik, Amy Daniel, Chris Daniel, Distefano Family LTD. Partnership, Mark E. Ehrhart, Robert G. Griffin, Denise Hoich, John Hoich, Timothy Jackes, James G. Jandrain, George Kramer, Bernie Marquardt, Radio Engineering Industries, Inc. and Joseph Vacanti |
| Thomas D. Stalnaker and U.S. Trustee |
| Tri-State Financial, LLC |
| U.S. Bankruptcy Court |
| 8:2015cv00033 |
| January 26, 2015 |
| U.S. District Court for the District of Nebraska |
| 8 Omaha Office |
| John M. Gerrard |
| Bankruptcy Appeal (801) |
| 28 U.S.C. ยง 0158 Notice of Appeal re Bankruptcy Matter (BA |
| None |
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Filing
38
MEMORANDUM AND ORDER - The Court defers to the BAP's decision that the bankruptcy court did not exceed the BAP's mandate and did not fail to follow the law of the case. The Court concludes the bankruptcy court did not err in concluding the investors failed to provide clear and convincing evidence of an express, resulting, or constructive trust. The bankruptcy court's order and judgment are AFFIRMED. Member Cases: 8:15-cv-00033-RFR, 8:15-cv-00038-RFR, 8:15-cv-00039-RFROrdered by Judge Robert F. Rossiter, Jr.. (GJG)
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Filing
36
ORDER that the Dismissal of Appeal filed by appellants American Interstate Bank and James G. Jandrain 35 , construed as a motion for voluntary dismissal, is granted. The appeals of American Interstate Bank and James G. Jandrain are dismissed. No costs will be assessed. Ordered by Judge John M. Gerrard. (JSF)
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Filing
6
ORDER that Case Nos. 8:15-cv-33; 8:15-cv-38, and 8:15-cv-39 are hereby consolidated for briefing. Case No. 8:15-cv-33 shall be designated as the "Lead Case." Case Nos. 8:15-cv-38 and 8:15-cv-39 are hereby designated as the "Member Cas es." The Court's CM/ECF System now has the capacity for "spreading" text among the consolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in all Member Cases. To this end, the pa rties are instructed to file in the Lead Case, No. 8:15-cv-33, all further documents and to select the option "yes" in response to the System's question whether to spread the text. (The parties may not, however, use the spread text fea ture to pay filing fees electronically.) If a party believes that an item should not be filed in all the consolidated cases, the party must move for permission to file the item in one or more individual member cases. The motion must be filed in all t he consolidated cases using the spread text feature. The parties shall designate the record on appeal pursuant to Fed. R. Bankr. P. 8009 and shall file briefs pursuant to Fed. R. Bankr. P. 8014 et seq. Member Cases: 8:15-cv-00033-JMG, 8:15-cv-00038-JMG, 8:15-cv-00039-JMG Ordered by Judge John M. Gerrard. (CS)
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