Apr
19
2021
Allen, In re--Ridings v. Casamatta
Ruling:
Bankruptcy court acted within its authority when it reduced the fees charged in two cases by aconsumer bankruptcy attorney using a bifurcated arrangement for all work associated with aChapter 7 filing because both cases were routine. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on April 19,2021, LexisNexis #0821-001
Jun
03
2021
Rancher's Legacy Meat Co., In re
Ruling:
Claim for administrative expenses denied because the unique facts of the case showed anattempt to receive payment that the debtor-in-possession already settled. (Bankr. D. Minn.)
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Commercial case opionion summary, case decided on June 03,2021, LexisNexis #0721-082
May
06
2021
Neosho Concrete Prods. Co., In re
Ruling:
Conversion of Chapter 11 case to Chapter 7 was not warranted as the United States Trustee didnot satisfy its burden to prove the absence of a reasonable likelihood of rehabilitation basedonly on the failure of debtor to reach a binding supply agreement. (Bankr. W.D. Mo.)
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Commercial case opionion summary, case decided on May 06,2021, LexisNexis #0621-069
Apr
29
2021
Frausto, In re
Ruling:
Trustee was entitled to turnover of a vehicle as the court could not recognize a resultingtrust in a motor vehicle. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on April 29,2021, LexisNexis #0621-040
Apr
22
2021
Welte Testamentary Trust, In re
Ruling:
Creditor trust did not have an unenforceable claim and lacked standing to file a motion todismiss debtor’s case. (Bankr. N.D. Iowa)
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Commercial case opionion summary, case decided on April 22,2021, LexisNexis #0621-030
Apr
16
2021
Scott, In re--Scott v. Anderson
Ruling:
Bankruptcy court did not err when it failed to impose sanctions against creditor's counsel as itappropriately found that there was no evidence that the stay relief motion was made for animproper purpose. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on April 16,2021, LexisNexis #0521-100
Mar
30
2021
McQuillen Place Co., In re
Ruling:
Trustee's proposed sale and settlement of claim was approved as fair, reasonable, and in thebest interest of the bankruptcy estate. (Bankr. N.D. Iowa)
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Commercial case opionion summary, case decided on March 30,2021, LexisNexis #0521-075
Apr
02
2021
Buchanan, In re--Lund-Ross Constructors, Inc. v. Buchanan
Ruling:
Bankruptcy court properly held that debt owed by entity solely owned by debtors was notpersonally enforceable against debtors. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on April 02,2021, LexisNexis #0521-064
Mar
30
2021
Gurbacki, In re--Moss v. Gurbacki
Ruling:
Creditor's amended complaint for nondischargeability due to willful and malicious injury didnot relate back to her timely filed original complaint where it was not based upon the same setof operative facts. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on March 30,2021, LexisNexis #0521-065
Apr
02
2021
Knoblock, In re
Ruling:
Personal injury suit filed against debtors for purposes of seeking recovery from debtors’insurer did not violate the discharge injunction. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on April 02,2021, LexisNexis #0521-067
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