Webster Capital Finance, Inc. v. Craig Carrier Corp., LLC et al

Filing 32

ORDER - The Report and Recommendation (Filing No. 31 ) is adopted. The parties' adversary proceeding shall progress in this Court as described in the Report and Recommendation. Ordered by Chief Judge Laurie Smith Camp. (AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WEBSTER CAPITAL FINANCE, INC.,
Plaintiff,

8:12CV47

vs.
ORDER
CRAIG CARRIER CORP., LLC; WHITE
FARMS TRUCKING, INC.; CRAIG
WHITE; VONNIE WHITE; and TRIPLE C
TRANSPORT, LLC,
Defendants.
__________________________________
IN THE MATTER OF:

_________________________________
CASE NO. BK12-42639-TJM
A12-8085-TLS

CRAIG L. WHITE and VONNIE D. WHITE,
CH. 7
Debtor(s)

This matter is before the Court on the Report and Recommendation of U.S.
Bankruptcy Judge Timothy J. Mahoney (Filing No. 31) recommending that this Court
withdraw the reference of the adversary proceeding to the bankruptcy court. Judge
Mahoney found that all of the defendants are necessary parties to the litigation, so the
lawsuit should go forward against all of them. Judge Mahoney also stated that as to the
debtors, the adversary proceeding is limited to liquidating the plaintiff’s claim, and the
automatic stay remains in effect to prohibit any collection activity against the debtors.
The time for filing objections to the Report and Recommendation has passed.
See NEGenR 1.5(b)(2).

No objections have been filed under Federal Rule of

Bankruptcy Procedure 9033(b). The Court finds that under 28 U.S.C. § 157(d) and
Federal Rule of Bankruptcy Procedure 9033(d), and for good cause shown, the Report
and Recommendation should be adopted in its entirety. Accordingly,

IT IS ORDERED:
1.

The Report and Recommendation (Filing No. 31) is adopted; and

2.

The parties’ adversary proceeding shall progress in this Court as
described in the Report and Recommendation.

Dated this 28th day of February, 2013.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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