Case number: 8:05-bk-80059 - Acceptance Insurance Companies Inc. - Nebraska Bankruptcy Court

Case Information
  • Case title

    Acceptance Insurance Companies Inc.

  • Court

    Nebraska (nebke)

  • Chapter

    7

  • Filed

    01/07/2005

  • Last Filing

    10/12/2021

  • Asset

    Yes

Docket Header
CONVERTED, 1000cr



U.S. Bankruptcy Court
District of Nebraska (Omaha Office)
Bankruptcy Petition #: 05-80059-TLS

Assigned to: Chief Judge Thomas L Saladino
Chapter 7
Previous chapter 11
Voluntary
Asset


Date filed:  01/07/2005
Date converted:  09/07/2010
341 meeting:  10/07/2010
Deadline for objecting to discharge:  12/06/2010

Debtor

Acceptance Insurance Companies Inc.

300 West Broadway
Suite 1600
Council Bluffs, IA 51503
POTTAWATTAMIE-IA
Tax ID / EIN: 31-0742926

represented by
Robert J. Bothe

McGrath, North, Mullin & Kratz, PC
Suite 3700 First National Tower
1601 Dodge St.
Omaha, NE 68102
(402) 341-3070
Fax : (402) 341-0216
Email: rbothe@mcgrathnorth.com

Patrick B. Griffin

Kutak Rock LLP
The Omaha Bldg
1650 Farnam Street
Omaha, NE 68102-2186
(402) 346-6000
Fax : (402) 346-1148
Email: patrick.griffin@kutakrock.com

John J. Jolley, Jr.

Farm Credit Services of America
P.O. Box 2409
Omaha, NE 68103
(402) 894-4197
Fax : (402)
Email: jay.jolley@fcsamerica.com
TERMINATED: 09/03/2009

Frank M. Schepers

Lamson, Dugan & Murray
10306 Regency Pkwy. Dr.
Omaha, NE 68114
(402) 397-7300
Email: fschepers@ldmlaw.com

Jeffrey T. Wegner

Kutak Rock LLP
1650 Farnam Street
Omaha, NE 68102
(402) 346-6000
Fax : (402) 346-1148

Trustee

Richard D. Myers

Chapter 7 Trustee
11404 West Dodge Road
Suite 500
Omaha, NE 68154
(402) 492-9200

represented by
James E Bird

Polsinelli PC
900 West 48th Place
Suite 900
Kansas City, MO 64112
816-753-1000
Fax : 816-753-1536
Email: jbird@polsinelli.com

J.P. Sam King

McGill, Gotsdiner, Workman & Lepp, P.C.
11404 West Dodge Road, Suite 500
Omaha, NE 68154
(402) 492-9200
Fax : (402) 492-9222
Email: samking@mgwl.com

U.S. Trustee

Jerry Jensen

Acting Assistant UST
U.S. Trustee's Office
111 South 18th Plz, Suite 1148
Omaha, NE 68102

represented by
Jerry L. Jensen

Assistant U.S. Trustee
U.S. Trustee's Office
111 S. 18th Plaza, Suite 1148
Omaha, NE 68102
(402) 221-4302
Email: Jerry.L.Jensen@usdoj.gov

U.S. Trustee

US Trustee
 
 

Latest Dockets

Date Filed#Docket Text
10/04/2021688CORRECTIVE ENTRY: PDF SALE ORDER WAS NOT ORGINALLY ATTACHED. PDF SALE ORDER IS NOW ATTACHED. (RE: related document(s) 687 Sell Free & Clear Under Section 363(f)). (drs) (Entered: 10/04/2021)
10/04/2021687Order Granting Motion To Sell Free & Clear Under Section 363(f) Filed by Trustee Richard D. Myers (Related Doc 676). The pleading was filed, served and noticed pursuant to local rules. No timely resistance/objection was filed. The motion is granted. 1. The relief sought in the Motion is GRANTED in its entirety. 2. The Purchase Agreement and all of its terms and conditions are approved in their entirety. 3. The Bidding Procedures are approved in their entirety. 4. The Purchase Agreement and the Bidding Procedures are fair and reasonable. 5. Pursuant to 11 U.S.C. § 363(b), the Trustee is authorized to sell the Remnant Assets to Oak Point for the Purchase Price as provided in the Motion. 6. Pursuant to 11 U.S.C. § 363(f), the sale of the Remnant Assets to Oak Point ("Sale") shall be free and clear of any and all liens, claims, interests, and encumbrances, with such liens, claims, interests, and encumbrances to attach to the proceeds of the Sale with the same force, effect, and priority as such liens, claims, interests and encumbrances have on the Estate's right to the Remnant Assets, as appropriate, subject to the rights and defenses of the Trustee and any party in interest with respect thereto. 7. The Trustee and the Trustee's professionals are authorized to take such actions as are necessary to effectuate the terms of the Purchase Agreement, together with all additional instruments and documents that may be reasonably necessary to implement the Purchase Agreement. 8. Oak Point is granted the protections provided to a good faith purchaser under 11 U.S.C. § 363(m). 9. The transfer of the Remnant Assets to Oak Point pursuant to the Purchase Agreement constitutes a legal, valid, and effective transfer of all right, title and interest of the Trustee and the Debtor's Estate in the Remnant Assets, and shall vest Oak Point with all of the Trustees and the Debtors Estate's right, title and interest in the Remnant Assets and proceeds thereof. 10. The fourteen-day stay under Bankruptcy Rule 6004(h) is waived. 11. This Court reserves jurisdiction over the provisions of this Order and to hear and determine all matters arising from the implementation of this Order. The 14 day stay pursuant to 6004(h) of the Fed. R. Bankr. P. is waived to allow the sale to immediately proceed. Movant is responsible for giving notice to parties in interest as required by rule or statute. ORDERED by Judge Brian S. Kruse. (See pdf order in its entirety) (drs) Additional attachment(s) added on 10/4/2021 (drs). CORRECTIVE ENTRY: SALE ORDER WAS NOT ATTACHED. SALE ORDER IS NOW ATTACHED. Modified on 10/4/2021 (drs). (Entered: 10/04/2021)
10/04/2021686Order Approving Third Application For Compensation for Polsinelli PC, Special Counsel, Filed by James E. Bird (Related Doc # 680). The pleading was filed, served and noticed pursuant to local rules. No timely resistance/objection was filed. The motion is granted. Fees are approved for Polsinelli PC, fees in the amount of $245,329.00, and expenses awarded in the amount of $315.70. Movant is responsible for giving notice to parties in interest as required by rule or statute. ORDERED by Judge Brian S. Kruse. (Text only order) (drs) (Entered: 10/04/2021)
09/28/2021685Comment of the United States Trustee Pursuant to 28 U.S.C. § 586(a)(3)(A). The Office of U.S. Trustee has reviewed the Application and reports to the Court that it has no objection to the approval of the fees and expenses requested. The U.S. Trustee reserves the right to comment on or object to any future interim or final fee applications. (RE: related document(s) 680 Application for Fees & Expenses filed by Spec. Counsel James E. Bird) (Jensen, Jerry) (Entered: 09/28/2021)
09/15/2021684Certificate of Service Filed by Trustee Richard D. Myers (RE: related document(s) 682 Order on Motion To Limit Notice) (Bird, James) (Entered: 09/15/2021)
09/15/2021683Supplemental Certificate of Service Filed by Trustee Richard D. Myers (RE: related document(s) 676 Sell Free and Clear Under 11 U.S.C. Section 363(f) filed by Trustee Richard D. Myers, 677 Notice Pursuant to Neb. R. Bankr. P. 9013-1 filed by Trustee Richard D. Myers) (Bird, James) (Entered: 09/15/2021)
09/10/2021682Order Granting Motion To Limit Notice on Trustee's Motion for Sale of Certain Assets (Doc. No. 676) Filed by Trustee Richard D. Myers (Related Doc # 678). The motion is granted. Movant is responsible for giving notice to parties in interest as required by rule or statute. ORDERED by Judge Thomas L. Saladino. (Text only order) (drs) (Entered: 09/10/2021)
09/10/2021681Notice Pursuant to Neb. R. Bankr. P. 9013-1 by James E Bird Filed by James E. Bird (RE: related document(s) 680 Application for Fees & Expenses filed by Spec. Counsel Polsinelli PC) 9013 Objections due by 10/1/2021. (Bird, James) INCORRECT PARTY FILER WAS CHOSEN. THE DOCKET TEXT HAS BEEN MODIFIED TO DESIGNATE THE CORRECT PARTY FILER. Modified on 9/10/2021 (nmw). (Entered: 09/10/2021)
09/10/2021680Third Application for Fees & Expenses for Polsinelli PC, Special Counsel, Fee: $245329.00, Expenses: $315.70. Filed by James E. Bird 9013 Objections due by 10/1/2021. (Attachments: # 1 Exhibit A - Billing Statement # 2 Exhibit B - Statement of Fees by Subject Matter) (Bird, James) INCORRECT PARTY FILER WAS CHOSEN. THE DOCKET TEXT HAS BEEN MODIFIED TO DESIGNATE THE CORRECT PARTY FILER. Modified on 9/10/2021 (nmw). (Entered: 09/10/2021)
09/10/2021679Receipt of Sell Free and Clear Under 11 U.S.C. Section 363(f)( 05-80059-TLS) [motion,mslf363f] ( 188.00) filing fee. Receipt number A8608700, amount $ 188.00. (re: Doc# 676) (U.S. Treasury) (Entered: 09/10/2021)