8th Circuit

DeVries, In re--Iowa Dep't of Revenue v. DeVries

Ruling: 
Bankruptcy court erred in holding that Chapter 12 plan to could compel a taxing authority todisgorge pre-petition withholdings. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on November 25,2020, LexisNexis #0121-043

Brooks, In re--Brooks v. First Central Bank McCook

Ruling: 
Creditor was entitled to relief from the automatic stay as the debtor failed to make a fullpayments on his agreed-upon payments. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on January 15,2020, LexisNexis #0121-027

Buchanan, In re--Lund-Ross Constructors, Inc. v. Buchanan

Ruling: 
Summary judgment in nondischargeability proceeding granted in favor of debtors as the debtwas owed by debtors’ company and not personally guaranteed by the debtors. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on November 12,2020, LexisNexis #1220-090

Clouse, In re

Ruling: 
Tardily filed unsecured proof of claim allowed but subordinated to timely filed claims. (Bankr.D. Neb.)
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Consumer case opionion summary, case decided on October 29,2020, LexisNexis #1220-069

Schmitz, In re--Scott v. Schmitz

Ruling: 
Court independently found the debt was excepted form discharge based upon the testimonyof the witnesses, and after judging the credibility. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on October 22,2020, LexisNexis #1220-037

Podwinski, In re

Ruling: 
Debtor's motion for judgment on the pleadings as to equitable tolling of Rule 4007(c) wasdenied as creditors were entitled to their day in court to try to meet their burden of provingfacts to support their request for an extension. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on October 19,2020, LexisNexis #1220-024

Wigley, In re--Lariat Cos. v. Wigley

Ruling: 
Bankruptcy court did not err in holding debt nondischargeable where the debtor and herspouse participated in a fraudulent conveyance scheme. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on September 25,2020, LexisNexis #1120-034

Winters, In re

Ruling: 
Debtor's motion to dismiss involuntary petition was denied as debtor failed to attend thehearing or present credible evidence clarifying ambiguities and inconsistencies in theevidence. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on September 15,2020, LexisNexis #1020-097

Racing Servs., In re--North Dakota ex rel. Stenehjem v. Bala

Ruling: 
Bankruptcy court erred in ruling that claim assigned to the state was barred by laches aslaches did not apply to tardily-filed claims that were filed in time to permit distribution.(B.A.P. 8th Cir.)
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Commercial case opionion summary, case decided on September 16,2020, LexisNexis #1020-090

Frank, In re--Community First Bank v. Frank

Ruling: 
Request for a declaration regarding the existence of a partnership and to deny a discharge wasdenied as the plaintiff failed to meet its burden of proof. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on August 26,2020, LexisNexis #1020-016

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