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Abbot Bank v. Optimum Merchant Services, Inc. (In re Optimum Merchant Services, Inc.)

Citations: 199 B.R. 409; 1995 U.S. Dist. LEXIS 21286Docket: Civil No. 8:CV94-126; Bankruptcy No. BK 93-82092

Court: District Court, D. Nebraska; July 17, 1995; Federal District Court

Narrative Opinion Summary

The Consent Order by District Judge Shanahan vacates the Journal Entry issued by the Bankruptcy Judge on January 27, 1994, which had granted the Debtors' Motion to Assume the Agreement with The Abbott Bank. This vacating action pertains to the order that was the subject of the current appeal. Furthermore, the appeal is dismissed with prejudice, meaning it cannot be refiled, and each party is responsible for its own legal costs.

Legal Issues Addressed

Dismissal of Appeals with Prejudice

Application: The appeal related to the vacated order was dismissed with prejudice, preventing any future appeal on the same matter.

Reasoning: Furthermore, the appeal is dismissed with prejudice, meaning it cannot be refiled, and each party is responsible for its own legal costs.

Responsibility for Legal Costs

Application: Each party involved in the appeal was held responsible for its own legal costs following the dismissal of the appeal.

Reasoning: Furthermore, the appeal is dismissed with prejudice, meaning it cannot be refiled, and each party is responsible for its own legal costs.

Vacating of Bankruptcy Court Orders

Application: The District Court vacated the Bankruptcy Court's prior order which had granted the Debtors' Motion to Assume the Agreement with The Abbott Bank.

Reasoning: The Consent Order by District Judge Shanahan vacates the Journal Entry issued by the Bankruptcy Judge on January 27, 1994, which had granted the Debtors' Motion to Assume the Agreement with The Abbott Bank.