DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
122344P.pdf 06/27/2013 Richard Garden, Jr. v. Central Nebraska Housing Corp.
U.S. Court of Appeals Case No: 12-2344
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Wollman, Author, with Gruender and Shepherd, Circuit Judges]
Civil Case - bankruptcy. In interpleader action to determine rights to
sales proceeds from a farm auction, district court properly denied CNH
claim that its bid at the end of the ten-minute auction time was accepted;
did not err in failing to set aside sale to Gittaway Ranch due to
defective auction process; did not err in excluding as part of the secured
claims an amount of attorneys fees paid by the Robertses; and did not
abuse its discretion in awarding sanctions for violations of the automatic
stay. CNH waived its claim relating to inspection costs. Judge Gruender
concurs in part and dissents in part.