- 11 U.S.C.
Bennett, In re--HEA Corp. v. Bennett
Oct
01
2024
Ruling
Court found that the debtor knowingly made multiple false written representations of material fact on which plaintiffs reasonably relied and the resulting judgment was excepted from discharge. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge.
ABI Membership is required to access the full summary of Bennett, In re--HEA Corp. v. Bennett Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Smith, In re
Sep
30
2024
Ruling
Judicial estoppel barred creditor from litigating his liability for domestic violence against debtor as his current position was clearly inconsistent with prior positions in other non-bankruptcy forums. (Bankr. D. Minn.)
Issue(s)
Allowance of Claims or Interests; Disallowance.
ABI Membership is required to access the full summary of Smith, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Anderson, In re--Jensen v. Anderson
Sep
16
2024
Ruling
Motion for default judgment was denied as the record did not suggest debtor’s late filed answer was an intentional delay tactic. (Bankr. D. Minn.)
Issue(s)
Default.
ABI Membership is required to access the full summary of Anderson, In re--Jensen v. Anderson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
BDC Grp., Inc., In re
Sep
10
2024
Ruling
Creditor's lien on general intangibles did not extend to post-petition avoidance proceedings. (Bankr. N.D. Iowa)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.
ABI Membership is required to access the full summary of BDC Grp., Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Bunn, In re--Nissan Motor Acceptance Co. LLC v. Bunn
Sep
09
2024
Ruling
Chapter 7 debtor's debt to a car dealership lender was excepted from discharge as debtor's actions were unarguably willful and malicious. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
ABI Membership is required to access the full summary of Bunn, In re--Nissan Motor Acceptance Co. LLC v. Bunn Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
McClelland, In re--United States v. McClelland
Sep
05
2024
Ruling
Debt was nondischargeable as debtor obtained Social Security overpayment through false pretenses and with the intent to deceive the SSA. (Bankr. N.D. Iowa)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
ABI Membership is required to access the full summary of McClelland, In re--United States v. McClelland Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Shelby, In re
Sep
04
2024
Ruling
Court concluded that a Chapter 7 debtor who has received a discharge may convert to Chapter 13 but the discharge should be set aside upon conversion. (Bankr. E.D. Mo.)
Issue(s)
Conversion; By the Debtor.
ABI Membership is required to access the full summary of Shelby, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Norwood, In re
Sep
03
2024
Ruling
Real estate agent’s fee denied as unreasonable and attorneys’ fees applications and related administrative expense claims held in abeyance pending further proceedings. (Bankr. W.D. Ark.)
Issue(s)
Compensation of Officers; Determination of Amount.
ABI Membership is required to access the full summary of Norwood, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Jencks, In re--Jencks v. AgVantage FS
Aug
26
2024
Ruling
Debtors could not avoid a judicial lien on alleged homestead property due to their failure to disclose their purchase of and residence in a new property shortly before the petition date resulting in abandonment of the homestead exemption in the liened property. (Bankr. N.D. Iowa)
Issue(s)
Exemptions; Liens Impairing Exempt Property.
ABI Membership is required to access the full summary of Jencks, In re--Jencks v. AgVantage FS Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Ellison, In re
Aug
05
2024
Ruling
Court conditionally dismissed Chapter 7 case as abusive based on totality of circumstances.(Bankr. E.D. Mo.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.
ABI Membership is required to access the full summary of Ellison, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: