DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
146018P.pdf 10/23/2014 Thomas D. Stalnaker v. George Allison
U.S. Court of Appeals Case No: 14-6018
and No: 14-6019
and No: 14-6020
and No: 14-6025
U.S. Bankruptcy Court for the District of Nebraska - Omaha
[PUBLISHED] [Nail, Author, with Kressel and Schermer, Bankruptcy Judges]
Bankruptcy Appellate Panel. Bankruptcy court did not exceed the scope of
the Panel's mandate or the law-of-the-case doctrine in reexamining whether
funds transferred to a debtor's vendor were property of the estate;
however, the bankruptcy court did not comply with Rule 63 and Rule 9028
because the judge who took the case over from a retired judge did not
certify familiarity with the record and determine the case could be
completed without prejudice to the parties before entering its judgment;
without the requisite certification, there is no suggestion the parties
had any reason to believe that a decision was imminent and that the time
within which they might exercise their rights under the rules to ask the
court to recall witnesses whose testimony was material and disputed was
passing; remanded for further proceedings.