John Henry's Plumbing Co. v. D S Resources, Inc.

Adversary Proceeding
Lead BK case is: 4:15-bk-40524

Nebraska Bankruptcy Court
Chapter 7
Judge:Thomas L Saladino
Case #: 4:15-ap-04030
Nature of Suit67 Bankruptcy - Dischargeability - §523(a)(4), fraud as fiduciary, embezzlement, larceny
68 Bankruptcy - Dischargeability - §523(a)(6), willful and malicious injury
41 Bankruptcy - Objection / revocation of discharge - §727(c),(d),(e)
62 Bankruptcy - Dischargeability - §523(a)(2), false pretenses, false representation, actual fraud
Case Filed:Jun 25, 2015
Terminated:Oct 08, 2015
Last checked: never
Defendant
D S Resources, Inc.
1701 S. 17th Street, Suite 2D
Lincoln, NE 68502
Represented By
D S Resources, Inc.
contact info
Plaintiff
John Henry's Plumbing Co.
Represented By
Randall L. Goyette
Baylor, Evnen, Curtiss,grimit & Witt LLP
contact info


Docket last updated: 9 hours ago
Thursday, October 08, 2015
utility Disposition of Adversary Thu 10/08 10:08 AM
Disposition of Adversary Judgment For Defendant 15-04030 TLS John Henry's Plumbing Co. v. D S Resources, Inc. CASE DISMISSED on 9/23/2015. (nmw)
Related: [-]
court Close Adversary Case Thu 10/08 10:10 AM
Adversary Case Closed 15-04030 TLS John Henry's Plumbing Co. v. D S Resources, Inc. CASE DISMISSED on 9/23/2015. (nmw)
Related: [-]
Wednesday, September 23, 2015
25 25 audio Thu 09/24 6:00 AM
PDF with attached Audio File. Court Date & Time [ 9/23/2015 9:01:18 AM ]. File Size [ 2384 KB ]. Run Time [ 00:09:56 ]. (CRTclerk)
Related: [-]
24 24 order Dismiss Case Wed 09/23 11:51 AM
Order Granting Motion to Dismiss Case for Failure To State A Claim Filed by Defendant D S Resources, Inc. Related [+]. Hearing held 9/23/2015. Colin Mues appeared for Plaintiff and Larry Albers appeared for Defendant D S Resources. For the reasons stated on record the Motion to Dismiss For Failure To State A Claim Filed by Defendant D S Resources, Inc. (Fil. #6) is granted. This adversary proceeding is dismissed. ORDERED by Judge Thomas L. Saladino. (Text only order) (drs)
Related: [-] 6
Wednesday, September 02, 2015
23 23 court Hearing Set Wed 09/02 4:12 PM
Hearing Set On Related [+]. Hearing scheduled for 9/23/2015 at 09:00 AM at Lincoln Courtroom-Telephonic Hearing. Affidavit evidence due by 9/18/2015. (See PDF) (dkk)
Related: [-] 6 Motion to Dismiss for Failure to State a Claim filed by Defendant D S Resources, Inc.,15 Resistance filed by Plaintiff John Henry's Plumbing Co.
22 22 order Continue Hearing Wed 09/02 4:02 PM
Order Granting Motion To Continue Hearing On (documents6 Motion to Dismiss for Failure to State a Claim filed by Defendant,15 Resistance by Plaintiff) Related [+]. The motion is granted. The September 9, 2015 hearing will be rescheduled by separate notice. 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) (dkk)
Related: [-] 20
21 21 utility Corrective Entry - Linkage Wed 09/02 2:49 PM
LINKAGE CORRECTED. THE RELATED DOCUMENT SHOULD ONLY BE LINKED TO THE MOTION TO DISMISS AT FILING6 . DOCKET TEXT ALSO MODIFIED TO REFLECT THE HEARING DATE BEING REQUESTED FOR CONTINUANCE. Related [+]. (nmw)
Related: [-] 20 Motion to Continue/Reschedule Hearing filed by Plaintiff John Henry's Plumbing Co.
20 20 motion Continue Hearing Wed 09/02 2:04 PM
Agreed Motion to Continue Hearing On 9/9/2015 Defendant Motion to Dismiss and Plaintiffs Resistance (Stipulated) Filed by Plaintiff John Henry's Plumbing Co. Related [+] (Mues, Colin). THE RELATED DOCUMENT SHOULD ONLY BE LINKED TO THE MOTION TO DISMISS AT FILING 6. DOCKET TEXT MODIFIED TO REFLECT THE HEARING DATE BEING REQUESTED FOR CONTINUANCE.Modified on 9/2/2015 (nmw)
Related: [-] 6 Motion to Dismiss Case filed by Defendant D S Resources, Inc.
Tuesday, September 01, 2015
19 19 order Continue Hearing Tue 09/01 12:33 PM
Order Denying Motion To Continue Hearing On (documents6 Motion to Dismiss for Failure to State a Claim by Defendant,15 Resistance by Plaintiff) Related [+]. Neb. R. Bankr. P. 9006-2(B) states that if a party wants to continue a hearing and all parties in interest will not stipulate, a motion for continuance shall be filed with the Court and served upon all previously noticed parties at least two days before the day set for the hearing. The motion shall set forth in detail the reasons therefore and shall state whether any continuance has been previously granted. This Motion, does not specify that the other parties in interest will not stipulate to a continuance, or if a continuance has been previously granted. ORDERED by Judge Thomas L. Saladino. (Text only order) (dkk)
Related: [-] 17
18 18 utility Corrective Entry - Linkage Tue 09/01 11:56 AM
LINKAGE CORRECTED. THE RELATED DOCUMENT SHOULD ONLY BE LINKED TO THE MOTION TO DISMISS AT FILING6 . DOCKET TEXT MODIFIED TO REFLECT THE HEARING DATE BEING REQUESTED FOR CONTINUANCE. Related [+]. (nmw)
Related: [-] 17 Motion to Continue/Reschedule Hearing filed by Plaintiff John Henry's Plumbing Co.
17 17 motion Continue Hearing Tue 09/01 11:49 AM
Motion to Continue Hearing On 9/9/2015 Defendants Motion to Dismiss and Plaintiffs Resistance Filed by Plaintiff John Henry's Plumbing Co. Related [+] (Mues, Colin). LINKAGE CORRECTED. DOCKET TEXT MODIFIED TO REFLECT THE HEARING DATE BEING REQUESTED FOR CONTINUANCE. Modified on 9/1/2015 (nmw)
Related: [-] Related document(s)6 Motion to Dismiss For Other Reasons Failure To State A Claim filed by Defendant D S Resources, Inc.
Monday, August 24, 2015
16 16 court Hearing Set Mon 08/24 12:30 PM
Hearing Set On Related [+]. Hearing scheduled for 9/9/2015 at 09:00 AM at Lincoln Courtroom-Telephonic Hearing. Affidavit evidence due by 9/4/2015. (See PDF) (dkk)
Related: [-] 6 Motion to Dismiss for Failure to State a Claim filed by Defendant D S Resources, Inc.,15 Resistance filed by Plaintiff John Henry's Plumbing Co.
Friday, August 21, 2015
15 15 answer Resistance Fri 08/21 8:59 AM
Resistance to Motion to Dismiss Filed by Plaintiff John Henry's Plumbing Co. Related [+] (Mues, Colin)
Related: [-] 6 Motion to Dismiss Case filed by Defendant D S Resources, Inc.
Friday, August 14, 2015
14 14 order Extend Time Fri 08/14 1:37 PM
Order Granting Motion to Extend Time to Respond to Defendant DS Resources Motion to Dismiss Filed by Plaintiff John Henry's Plumbing Co. Related [+]. The motion is granted. The 9013-1 deadline on the Defendant's motion to dismiss is extended to August 21, 2015. ORDERED by Judge Thomas L. Saladino. (Text only order) (drs)
Related: [-] 13
13 13 motion Extend Time Fri 08/14 11:08 AM
Motion to Extend Time to Respond to Defendant DS Resources Motion to Dismiss Filed by Plaintiff John Henry's Plumbing Co. Related [+] (Mues, Colin)
Related: [-] 6 Motion to Dismiss Case filed by Defendant D S Resources, Inc.
Monday, July 27, 2015
12 12 utility Corrective Entry - Linkage Mon 07/27 8:03 AM
LINKAGE ADDED. THE RELATED DOCUMENT WAS NOT ORIGINALLY LINKED TO THE MOTION TO DISMISS AT FILING6 . Related [+]. (nmw)
Related: [-] 9 Notice Pursuant to Neb. R. Bankr. P. 9013-1 filed by Defendant D S Resources, Inc.
11 11 utility Corrective Entry - Linkage Mon 07/27 8:02 AM
LINKAGE ADDED. THE RELATED DOCUMENT WAS NOT ORIGINALLY LINKED TO THE MOTION TO DISMISS AT FILING6 . Related [+]. (nmw)
Related: [-] 8 Brief filed by Defendant D S Resources, Inc.
10 10 utility Corrective Entry - Linkage Mon 07/27 8:01 AM
LINKAGE ADDED. THE RELATED DOCUMENT WAS NOT ORIGINALLY LINKED TO THE MOTION TO DISMISS AT FILING6 . Related [+]. (nmw)
Related: [-] 7 Certificate of Service filed by Defendant D S Resources, Inc.
Friday, July 24, 2015
9 9 notice 9013-1 Notice Fri 07/24 4:30 PM
Notice Pursuant to Neb. R. Bankr. P. 9013-1 Resistance \ Objections by Larry V. Albers Filed by Defendant D S Resources, Inc. Related [+] 9013 Objections due by 8/14/2015. (Albers, Larry). LINKAGE ADDED. Modified on 7/27/2015 (nmw)
Related: [-] 6 Motion to Dismiss For Other Reasons Failure To State A Claim filed by Defendant D S Resources, Inc.
8 8 misc Brief Fri 07/24 4:11 PM
Brief Filed by Larry V. Albers on behalf of D S Resources, Inc. Related [+]. (Albers, Larry). LINKAGE ADDED. Modified on 7/27/2015 (nmw)
Related: [-] 6 Motion to Dismiss For Other Reasons Failure To State A Claim filed by Defendant D S Resources, Inc.
7 7 notice Certificate of Service Fri 07/24 4:01 PM
Certificate of Service Motion To Dismiss Filed by Defendant D S Resources, Inc Related [+]. (Albers, Larry). LINKAGE ADDED. Modified on 7/27/2015 (nmw)
Related: [-] 6 Motion to Dismiss For Other Reasons Failure To State A Claim filed by Defendant D S Resources, Inc.
6 6 motion Dismiss Case Fri 07/24 3:58 PM
Motion to Dismiss For Other Reasons Failure To State A Claim Filed by Defendant D S Resources, Inc. 9013 Objections due by 8/14/2015. (Albers, Larry)
Related: [-]
Monday, July 13, 2015
5 5 cmp Summons Service Executed Mon 07/13 9:29 AM
Summons Service Executed on D S Resources, Inc. 6/30/2015 . (Mues, Colin)
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Tuesday, June 30, 2015
4 4 misc Notice of Appearance and Request for Notice Tue 06/30 3:19 PM
Notice of Appearance and Request for Notice Filed by Colin Mues on behalf of John Henry's Plumbing Co.. (Mues, Colin)
Related: [-]
Thursday, June 25, 2015
3 3 court Summons Issued Thu 06/25 10:32 AM
Summons Issued on D S Resources, Inc. Date Issued 6/25/2015, Answer Due 7/25/2015. (nmw)
Related: [-]
2 2 crditcrd Auto-Docket of Credit Card/Debit Card Thu 06/25 9:56 AM
Receipt of Complaint 15-04030 TLS) [cmp,cmp] ( 350.00) filing fee. Receipt number 6494130, amount $ 350.00. Related [+] (U.S. Treasury)
Related: [-] Doc#1
1 1 cmp Complaint Thu 06/25 9:54 AM
Adversary case 15-04030 Complaint for Determination of Dischargeability and Objecting to Debtor's Discharge Pursuant to Section 523 of the Bankruptcy Code by Randall Goyette on behalf of John Henry's Plumbing Co. against D S Resources, Inc.. NOS: 41 (Objection / revocation of discharge - 727(c),(d),(e)). Fee Amount $ 350 Filed by John Henry's Plumbing Co.. Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))),(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)), (67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury))(Goyette, Randall) ATTORNEY FAILED TO ADD HIMSELF AT CASE OPENING. DOCKET TEXT HAS BEEN MODIFIED ACCORDINGLY AND ATTORNEY RANDALL GOYETTE HAS BEEN ADDED AS ATTORNEY FOR PLAINTIFFS. Modified on 6/25/2015 (nmw).
Related: [-]
utility Corrective Entry-Text Modified Thu 06/25 10:29 AM
CORRECTIVE ENTRY: ATTORNEY FAILED TO ADD HIMSELF AT CASE OPENING. DOCKET TEXT HAS BEEN MODIFIED ACCORDINGLY AND ATTORNEY RANDALL GOYETTE HAS BEEN ADDED AS ATTORNEY FOR PLAINTIFFS. Related [+]. (nmw)
Related: [-] 1 Complaint filed by Plaintiff John Henry's Plumbing Co.