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
Mar
23
2020
Steiner, In re--Steiner v. Wilmington Sav. Fund Soc’y, FSB
Ruling:
Chapter 13 debtors' cases were dismissed for bad faith where they filed multiple bankruptcycases as part of a long-running scheme to manipulate and abuse the Bankruptcy Code. (B.A.P.8th Cir.)
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Consumer case opionion summary, case decided on March 23,2020, LexisNexis #0520-046
Mar
23
2020
Ratcliff
Ruling:
Debtor-in-possession could avoid creditor's lien due to the creditor’s failure to reperfect itssecurity interest after debtor’s name change. (Bankr. D. Minn.)
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Commercial case opionion summary, case decided on March 23,2020, LexisNexis #0520-040
Mar
23
2020
Shawver, In re--GCAP Holdings LLC v. Shawver
Ruling:
Debt was dischargeable where creditor failed to establish required elements of fraud andmisrepresentation. (Bankr. E.D. Mo.)
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Consumer case opionion summary, case decided on March 23,2020, LexisNexis #0520-031
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