Summary: Following its foreclosure on and sale of the debtor’s real and chattel property, the government filed an application requesting that surplus proceeds from the sale of the debtor’s real property be used to satisfy the debtor’s outstanding chattel debt. Determining that another of the debtor’s judgment creditors had priority to surplus proceeds and that the debtor qualified for a homestead exemption, the magistrate judge recommended that the government’s application be denied.
Case Name: USA v. Neff, et al.
Case Number: 4-05-cv-128
Docket Number: 61
Date Filed: 2/22/07
Nature of Suit: 220
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION
United States of America,
Darry D. Neff, a/k/a Darry Dean Neff, Beverly Ann Neff, a/k/a Beverly Neff, Wilbert Neff, Ida Neff, individually and as Personal Representative of the Estate of Arthur Neff; Smith Bakke Hovland & Oppegard, et. al.
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) ) ) REPORT AND RECOMMENDATION ) ) ) ) Case No. 4:05-cv-128 ) ) ) ) |