8th Circuit

Bennett, In re--Paddock, LLC v. Bennett

Ruling: 
Court found that the debtors' manufactured home was personal property as the ground leasedid not clearly establish the intent to make the home a permanent accession to the real estateunder state law. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on February 28,2019, LexisNexis #0419-031

Marshall, In re

Ruling: 
Court affirmed dismissal of debtor's case as she failed to provide proof of receiving creditcounselling within the 180 days before she filed her bankruptcy petition. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on February 28,2019, LexisNexis #0419-025

Anders, In re

Ruling: 
Claim amount reduced as the creditor miscalculated late fees and sought fees for appraisalsand environmental assessments. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on February 19,2019, LexisNexis #0419-009

Kisselburg, In re--Kisselburg v. Key Bank, N.A.

Ruling: 
Debtor's student loan debts were discharged in their entirety where she had not and wouldnot have the financial resources to repay her debts to the bank. (Bankr. W.D. Ark.)
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Consumer case opionion summary, case decided on March 12,2019, LexisNexis #0519-064

Lawson, In re--Lawson v. Shehan

Ruling: 
Contempt order is not a remedy for a violation of the automatic stay. (Bankr. E.D. Ark.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0519-028

Mus, In re

Ruling: 
Court orders arising from parties' marital dissolution were not subject to avoidance as none ofthe orders qualified as a lien. (Bankr. D. Minn.)
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Consumer case opionion summary, case decided on March 01,2019, LexisNexis #0519-008

Gas-Mart United States, Inc., In re--Lauter v. Wells Fargo Bank, N.A.

Ruling: 
Creditor's complaint to avoid preferential transfer was overruled in part as plaintiff established that payments it received were a contemporaneous exchange for new value. (Bankr. W.D. Mo.)
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Commercial case opionion summary, case decided on March 07,2019, LexisNexis #0419-089

Pedersen, In re

Ruling: 
Claim was not entitled to priority as it arose as a result of the sale, transfer, or other disposition of the debtors' crop insurance policy. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on December 18,2018, LexisNexis #0219-089

James, In re--Casamatta v. Castle Law Office of Kan. City, P.C.

Ruling: 
Court noted that U.S. Trustee has a duty to bring violations by attorneys to the court's attention. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on November 28,2018, LexisNexis #0119-096

Kinney, In re--Kinney v. Nat’l Collegiate Master Student Loan Trust I

Ruling: 
Debtor's cosigner obligation on his niece's student loans was discharged as any monthly loanpayment on the loans would result in undue hardship. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on December 05,2018, LexisNexis #0119-077

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