Judge Benton

Bennett, In re--Paddock, LLC v. Bennett

Ruling: 
Court found that the debtors' manufactured home was personal property as the ground leasedid not clearly establish the intent to make the home a permanent accession to the real estateunder state law. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on February 28,2019, LexisNexis #0419-031

Opportunity Fin. LLC v. Kelley

Ruling: 
Lenders were not "persons aggrieved" with standing to appeal the consolidation of the cases of the trustee of the Thomas Petters Ponzi scheme and related special purpose entities.
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Commercial case opionion summary, case decided on May 16,2016, LexisNexis #0616-031

Clear Sky Props. LLC v. Roussel (In re Roussel)

Ruling: 
District court properly remanded determination of dischargeability of attorneys' fees incurred in prepetition state court action to bankruptcy court.
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Consumer case opionion summary, case decided on October 03,2014, LexisNexis #1014-121

Factory Mut. Ins. V. Panda Energy Intl Inc. (In re Hereford Biofuels LP)

Plaintiff insurer filed an adversary proceeding against defendant energy company, the parent company of a biofuels business ("debtor") that declared chapter 11 bankruptcy, seeking a determination that claims the energy company filed against the insurer in a Texas court were barred, and an order enjoining the energy company from proceeding with that action. The parties filed cross-motions for summary judgment.
Ruling: 
Debtor's parent enjoined from pursuing claims against debtor's insurer that were property of the estate and had been sold and released.
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Commercial case opionion summary, case decided on January 03,2012, LexisNexis #0212-023

Danduran v. Kaler (In re Danduran)

Chapter 7 Trustee, appealed from a decision of the United States Bankruptcy Appellate Panel (BAP) of the Eighth Circuit reversing a bankruptcy court's judgment that the proceeds of personal property sold with a homestead are not proceeds of the homestead.
Ruling: 
Bankruptcy appellate panel erred in reversing bankruptcy court holding that proceeds of personal property sold with homestead were not proceeds of the homestead.
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Consumer case opionion summary, case decided on September 16,2011, LexisNexis #1011-044

Capital One Auto Fin. v. Osborn

Appellant creditor appealed from the United States Bankruptcy Appellate Panel for the Eighth Circuit, which affirmed the bankruptcy court's ruling that debtors were permitted under 11 U.S.C.S. § 1325(a)(5)(C) to surrender a car in full satisfaction of their debt with the creditor.
Ruling: 
Hanging paragraph did not bar creditor's deficiency claim where creditor had a right to the claim under state law.
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Consumer case opionion summary, case decided on February 05,2008, LexisNexis #0208-123

Americredit Fin. Servs. v. Moore

Appellant creditor challenged a judgment of the Bankruptcy Court for the Western District of Arkansas confirming appellee chapter 13 debtors' amended plan proposing to surrender their 910-car in full satisfaction of the creditor's claim.
Ruling: 
Although hanging paragraph prevented bifurcation of "910" claim, creditor could claim unsecured deficiency claim if allowed by state law.
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Consumer case opionion summary, case decided on February 05,2008, LexisNexis #0208-124
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