8th Circuit

Yuska, In re

Ruling: 
Proofs of claim set out an enforceable right to payment for taxing authority's assessment amounts as the debtor did not provide any evidence that they were wrong. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on May 24,2018, LexisNexis #0618-098

Grooters Feedlot, LLC, In re

Ruling: 
Debtor's motion for permanent use of cash collateral was granted in part where bank wasoversecured and court found no substantial risk. (Bankr. N.D. Iowa)
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Commercial case opionion summary, case decided on May 01,2018, LexisNexis #0618-036

McDonald, In re--A.Y. McDonald Indus. v. McDonald

Ruling: 
Debtor's obligation to creditor ruled nondischargeable as he was acting in a fiduciary capacity when he acted wrongfully in misappropriating funds to himself. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on April 20,2018, LexisNexis #0518-098

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

Ruling: 
Bankruptcy court did not err in concluding that, under Iowa law, debtors' manufactured home was personal property and therefore the antimodification provision did not apply. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on April 19,2018, LexisNexis #0518-108

Hill, In re

Ruling: 
Court granted trustee's motion to determine amount of secured claim. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on April 17,2018, LexisNexis #0518-092

Austin, In re--United States v. Austin

Ruling: 
Appellate panel reversed bankruptcy court's order sustaining debtors' objection to the IRS'sproof of claim after debtors failed to present substantial evidence sufficient to overcome thepresumption of the validity and amount of the IRS's proof of claim. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on April 09,2018, LexisNexis #0518-073

Keener, In re

Ruling: 
Creditor's motion to convert was granted where debtor failed to file a disclosure statement orplan within the time fixed by order of the court. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on April 10,2018, LexisNexis #0518-081

Yuska, In re

Ruling: 
Debtor's objection to proof of claim overruled as it was based on a technical deficiency in the proof of claim. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on April 06,2018, LexisNexis #0518-034

Renner, In re--Pinkelman v. Renner

Ruling: 
Fiduciary duties of loyalty and care upon members of a member-managed LLC was not an express or technical trust. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on April 02,2018, LexisNexis #0518-039

Cantrell Drug Co., In re--Cantrell Drug Co. v. United States

Ruling: 
Court concluded that an FDA action was excepted from automatic stay where the FDA was seeking primarily injunctive relief and would not have enjoyed an economic advantage over the debtor's creditors. (Bankr. E.D. Ark.)
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Commercial case opionion summary, case decided on April 04,2018, LexisNexis #0518-033

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