Nov
25
2020
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
Jan
15
2020
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
Nov
12
2020
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
Oct
29
2020
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
Oct
22
2020
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
Oct
19
2020
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
Sep
25
2020
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
Sep
15
2020
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
Sep
16
2020
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
Aug
26
2020
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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