CASE NO. BK05-81466-TJM.United States Bankruptcy Court, D. Nebraska.
June 28, 2007
ORDER
THOMAS SALADINO, Bankruptcy Judge
Hearing was held on June 25, 2007, on Debtor’s Motion to Surrender Funds (Fil. #50), and a Resistance by Nebraska Workforce Development-Department of Labor (“NWD-DOL”) (Fil. #52). Richard Register appeared for Debtor, Marilyn Abbott appeared for the Chapter 13 Trustee, and W. Russell Barger appeared for NWD-DOL.
IT IS ORDERED: For the reasons stated in the Memorandum of today’s date, Debtor’s Motion to Surrender Funds (Fil. #50) is granted. The funds recouped by NWD-DOL must be returned to Debtor. Debtor is, however, specifically instructed to use such funds to immediately cure any and all delinquencies under his Chapter 13 plan. Further, since NWD-DOL’s actions were apparently taken in good faith at a time when the applicable law was unsettled, Debtor’s request for attorneys’ fees and other relief is denied.