May
23
2023
Swackhammer, In re--Swackhammer v. Swackhammer
Ruling:
Court properly approved modification of debtors' plan as they established a substantial change in circumstances due to their inability to meet their crop yield projections due to a delay in financing. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on May 23,2023, LexisNexis #0723-069
Apr
18
2023
Goetz, In re--Goetz v. Weber
Ruling:
Bankruptcy court correctly concluded that post-petition, preconversion, nonexempt equity resulting from market appreciation and payments toward a mortgage lien accrued for the benefit of the bankruptcy estate upon conversion. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on April 18,2023, LexisNexis #0723-053
May
30
2023
Caswell, In re
Ruling:
Certain attorney fees incurred in connection with the representation of a mortgage creditor in a Chapter 13 case in which a mortgage was in default were allowed as reasonable. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on May 30,2023, LexisNexis #0723-056
May
12
2023
Perry, In re--Perry v. Perry
Ruling:
Judgment debt was excepted from discharge as all elements of the claim had been established in small claims litigation or conceded in the current proceeding. (Bankr. E.D. Mo.)
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Consumer case opionion summary, case decided on May 12,2023, LexisNexis #0723-010
May
22
2023
Paczkowski, In re--Garven v. Paczkowski
Ruling:
Creditors were not entitled to summary judgement in nondischargeability proceeding on grounds of embezzlement or larceny as the debtor's conduct could not constitute larceny or embezzlement as a matter of law. (Bankr. D. Minn.)
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Consumer case opionion summary, case decided on May 22,2023, LexisNexis #0723-033
May
12
2023
Perry, In re--Perry v. Perry
Ruling:
Judgment debt was excepted from discharge as all elements of the claim had been established in small claims litigation or conceded in the current proceeding. (Bankr. E.D. Mo.)
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Consumer case opionion summary, case decided on May 12,2023, LexisNexis #0723-010
Apr
11
2023
Simply Essentials, LLC, In re
Ruling:
Trustee was not able to sell the lawsuit asset that had been sold previously pursuant to asset purchase agreement. (Bankr. N.D. Iowa)
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Commercial case opionion summary, case decided on April 11,2023, LexisNexis #0623-028
Apr
11
2023
Kelly, In re
Ruling:
Debtor properly claimed the bankruptcy exemption for retirement funds after rolling over funds from a deceased spouse's individual retirement account into other IRAs. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on April 11,2023, LexisNexis #0623-031
Mar
31
2023
Shoults, In re
Ruling:
Debtors were not allowed to exempt an unliquidated, contingent cause of action where the state had opted out of the federal scheme and not announced any new exemptions. (Bankr. E.D. Mo.)
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Consumer case opionion summary, case decided on March 31,2023, LexisNexis #0523-086
Mar
29
2023
Obstetric & Gynecologic Assocs. of Iowa City & Coralville, P.C., In re
Ruling:
Motion to dismiss Chapter 11 case granted as the debtor's filing was not undertaken in good faith but was instead undertaken to serve self-interests of the debtor and its malpractice insurer. (Bankr. S.D. Iowa)
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Commercial case opionion summary, case decided on March 29,2023, LexisNexis #0523-070
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