Acceptance Insurance Companies Inc.
7
Chief Judge Thomas L Saladino
01/07/2005
09/19/2022
Yes
| CONVERTED, 1000cr |
Assigned to: Chief Judge Thomas L Saladino Chapter 7 Previous chapter 11 Voluntary Asset |
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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 |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/04/2021 | 688 | CORRECTIVE 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) |
| 10/04/2021 | 687 | Order 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) |
| 10/04/2021 | 686 | Order 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) |
| 09/28/2021 | 685 | Comment 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) |
| 09/15/2021 | 684 | Certificate 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) |
| 09/15/2021 | 683 | Supplemental 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) |
| 09/10/2021 | 682 | Order 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) |
| 09/10/2021 | 681 | Notice 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) |
| 09/10/2021 | 680 | Third 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) |
| 09/10/2021 | 679 | Receipt 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) |