Aug
07
2020
Fansteel Foundry Corp., In re--Dooley v. Luxfer MEL Techs.
Ruling:
Bankruptcy court's decision that ordinary course of business defense did not apply wasremanded for explanation as to why the court adopted 47 days as the cut-off period. (B.A.P. 8thCir.)
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Commercial case opionion summary, case decided on August 07,2020, LexisNexis #0920-065
Jul
31
2020
Stewart, In re
Ruling:
Trustee was entitled to enforcement of turnover where missing insurance proceeds weredeposited in the same account on which cashier's checks converted to cash were drawn. (Bankr.E.D. Ark.)
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Consumer case opionion summary, case decided on July 31,2020, LexisNexis #0920-036
May
18
2020
Walker, In re--Muldoon v. Walker
Ruling:
Debt could not be excepted from discharge as there was no evidence as to whatrepresentations the debtor had made to the creditor and what her intent was in making thoserepresentations. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on May 18,2020, LexisNexis #0720-014
Apr
29
2020
Ely, In re
Ruling:
Motion to dismiss debtor's Chapter 13 bankruptcy case was granted as debtor had presentedno evidence of bad faith on the creditor's part, nor of prejudice he had suffered as a result ofthe timing of the motion. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on April 29,2020, LexisNexis #0620-099
May
05
2020
Reed, In re--Bitner v. Reed
Ruling:
Guardian ad litem fees excepted from discharge where debt relating to amounts owed toplaintiff were in the nature of a child support obligation. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on May 05,2020, LexisNexis #0620-089
May
14
2020
Boisaubin, In re--Boisaubin v. Blackwell
Ruling:
Order affirmed where bankruptcy court properly held that claim was property of the MissouriBankruptcy estate. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on May 14,2020, LexisNexis #0620-092
Apr
30
2020
Stillmunkes, In re--Bushman Custom Farming, LLC v. Stillmunkes
Ruling:
Abstention was warranted under § 1334(c)(1) as the possible impact on the estate was smalland the case was not a core bankruptcy proceeding. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on April 30,2020, LexisNexis #0620-074
Apr
28
2020
Devries, In re
Ruling:
Chapter 12 debtors with capital gains tax could obtain a refund of withheld income taxes tothe bankruptcy estate. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on April 28,2020, LexisNexis #0620-071
Apr
24
2020
Freed, In re
Ruling:
Debtor could not claim homestead exemption since the mortgage specifically allowed for thehomestead to be liable for the debts. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on April 24,2020, LexisNexis #0620-035
Mar
31
2020
Merchant, In re--Kohn v. Merchant
Ruling:
Chapter 7 debtor's obligation pursuant to a $1 million promissory note to creditors wasexcepted from his discharge as debtor obtained the loan using a written statement thatcontained false representations. (Bankr. C.D. Ill.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-084
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