Poole et al v. Behrens et al

Filing 292

ORDER - IT IS ORDERED that the Motion to Stay Pending Appeal, Fil. #50, is denied. Ordered by Judge Timothy J. Mahoney. (TCL )

Case 12-08031-TJM

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Filed 11/16/12 Entered 11/16/12 14:52:23
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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF NEBRASKA
IN THE MATTER OF:
WILLIAM H. GREEN,
Debtor(s).
JEAN POOLE and DEE POOLE,
Trustees of the Poole Family Trust,
Plaintiffs,
vs.
BRYAN S. BEHRENS and SUNSET
FINANCIAL SERVICES, INC.,
Defendants.
SUNSET FINANCIAL SERVICES, INC.,
Third-party Plaintiff,
vs.
WILLIAM H. GREEN,
Third-party Defendant.

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CASE NO. BK12-81071-TJM
A12-8031-TJM
8:08CV399

CHAPTER 7

ORDER
Hearing was held in Omaha, Nebraska, on November 15, 2012, regarding Fil. #50, Motion
to Stay Pending Appeal, filed by Sunset Financial Services, Inc., Fil. #58, Resistance, filed by
William H. Green, and Fil. #59, Objection, filed by Dee Poole and Jean Poole. Lauren R.
Goodman and Patrick E. Brookhouser appeared for the Pooles; John W. Shaw, Michael J. Whaley
and Ken Duvall appeared for Sunset Financial Services, Inc.; Anna M. Bednar and Robert F. Craig
appeared for William H. Green; and J.P. Sam King appeared for Richard D. Myers, Trustee.
The motion for stay pending appeal is denied. The district court has withdrawn the
reference regarding the main case. The bankruptcy court has no jurisdiction over the main case
because it has been withdrawn by the district court. The third-party case has been stayed at the
bankruptcy court level. No action will be taken on that matter at this time in the bankruptcy court.
The appeal by Sunset Financial Services, Inc., concerning the severance of the third-party case
may be prosecuted in the district court without the entry of a stay in the bankruptcy court.
IT IS ORDERED that the Motion to Stay Pending Appeal, Fil. #50, is denied.
DATED:

November 16, 2012

Case 12-08031-TJM

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Filed 11/16/12 Entered 11/16/12 14:52:23
Document
Page 2 of 2

BY THE COURT:
/s/ Timothy J. Mahoney
United States Bankruptcy Judge
Notice given by the Court to:
Lauren R. Goodman
Patrick E. Brookhouser, Jr.
*John W. Shaw
*Michael J. Whaley
*Ken Duvall
Anna Bednar
Robert F. Craig
J.P. Sam King
*Movant is responsible for giving notice to other parties if required by rule or statute.

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