8th Circuit

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

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

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

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

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

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

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

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

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

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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