Hansen-Mueller Cash Freeze Sought
Hansen-Mueller Funds Targeted in Sureties' Federal Appeal Fight
LINCOLN, Neb. (DTN) -- Bonding companies asked a federal bankruptcy court in Nebraska to prevent any distribution of cash assets from the Hansen-Mueller Co. estate in the Chapter 11 case until the bond companies' appeal to a previous court ruling is resolved, according to a motion filed in the U.S. Bankruptcy Court of Nebraska on Friday.
Harco National Insurance Company and International Fidelity Insurance Company filed an appeal with the U.S. District Court for the District of Nebraska, asking the court to review the bankruptcy court's ruling that the bonding companies have no right to grain proceeds in the case. The companies claimed $7.9 million in proceeds belonged to them for bonding Hansen-Mueller.
As part of the Chapter 11 case, the bankruptcy court must authorize expenditures on behalf of the Hansen-Mueller estate.
The bond companies said funds should not be distributed while they wait for the result of their appeal.
"The surety has taken the position that, for multiple reasons previously articulated, it is entitled to receive some or all of the cash currently held by the debtor," the companies said on Friday.
"That appeal would be moot and the surety would face irreparable harm if the court distributes the cash being held by the debtor while the surety's appeal is pending."
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The surety companies have argued throughout the court proceeding that they are effectively stepping into the shoes of grain producers who the companies have paid under bonds.
"The public has an interest in funds being distributed to those whose labor and material generated those funds in the first place," they said in their motion.
"As the only party who is paying the grain producers, the surety stands in their shoes with respect to the receipt of these funds."
Their motion asks the court to stay any final judgment or order authorizing cash distributions and to continue to postpone proceedings related to cash distributions.
A final hearing is scheduled for Oct. 20, 2026, at which the court could authorize cash distributions from Hansen-Mueller.
It's difficult to say how long the case could be delayed if the bankruptcy court grants the motion.
Appeals that are filed from a bankruptcy court to a U.S. District Court can take months to resolve. The surety companies argue in their motion that unless cash distributions are stopped for now, cash could be paid out before a district court would rule on the appeal.
Bankruptcy court decisions often are appealed to federal district courts, as bankruptcy courts were established as units of district courts.
In the filing for an appeal, the surety companies opted not to have their appeal heard by the Bankruptcy Appellate Panel. Appealing to the district court essentially preserves their right to later appeal to a federal appeals court and even the U.S. Supreme Court.
If the district court were to reverse the bankruptcy court's decision, it could affect the amount of priority claims against Hansen-Mueller's assets and could influence recoveries for other creditor groups.
Read more on DTN:
"Hansen-Mueller Sureties File Appeal," https://www.dtnpf.com/…
Todd Neeley can be reached at todd.neeley@dtn.com
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