United States of America v. Harney et al

Filing 25

MEMORANDUM AND ORDER - The motion for reconsideration 22 filed by the Defendant, Hillary A. Harney, seeking reconsideration of the amended judgment and decree of foreclosure 21 is granted insofar as a stay will be in effect until October 2, 2009, and otherwise the motion is denied. The sale of the subject real estate is stayed until October 2, 2009. The Clerk is directed to mail a copy of this memorandum and order to Hillary A. Harney at her last known address. Ordered by Judge Laurie Smith Camp. (Copies mailed as directed)(JAE)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES Plaintiff, vs. HILLARY A. HARNEY, BRAD ROTH, ATTORNEY AT LAW, Trustee, and SOUTHEAST NEBRASKA AFFORDABLE HOUSING COUNCIL, I N C . , a 501(c)(3) NON-PROFIT CORPORATION, BENEFICIARY, Defendants. This matter is before the Court on the pro se motion (Filing No. 22) filed by the Defendant, Hillary A. Harney, for reconsideration of the amended judgment and decree of foreclosure in rem and order of sale (Filing No. 21). The Court has considered the government's response (Filing No. 23). Harney requests a 9-month stay under Neb. Rev. Stat. 25-1506. However, as the government notes 25-1506 authorizes a stay of three months after entry of the decree on July 2, 2009. Therefore, a stay will be granted until October 2, 2009. IT IS ORDERED: 1. The motion for reconsideration (Filing No. 22) filed by the Defendant, Hillary A. Harney, seeking reconsideration of the amended judgment and decree of foreclosure (Filing No. 21) is granted insofar as a stay will be in effect until October 2, 2009, and otherwise the motion is denied; 2. The sale of the subject real estate described as "Lots Five (5), Six (6) Seven (7), and Eight (8) in Block Sixteen (16) in Starr and Campbells Second OF AMERICA, ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 4:09CV3019 MEMORANDUM AND ORDER Addition to Brock in Nemaha County, Nebraska" is stayed until October 2, 2009; and 2. The Clerk is directed to mail a copy of this memorandum and order to Hillary A. Harney at her last known address. DATED this 14th day of August, 2009. BY THE COURT: S/Laurie Smith Camp United States District Judge 2

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