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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.)
Issue(s)
Determination of Secured Status.

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Court :
Judge or Jurisdiction information not available
Consumer opinion 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.
Issue(s)
Did district court err in dismissing lenders' appeal of the consolidation of cases filed by the trustee of the Thomas Petters Ponzi scheme and several related special purpose entities?

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Court :
Judge or Jurisdiction information not available
Commercial opinion 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.
Issue(s)
Did district court properly remand issue of dischargeability of attorneys' fees incurred in prepetition state court case?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 03, 2014 , LexisNexis #1014-121

Danduran v. Kaler (In re Danduran)

Ruling
Bankruptcy appellate panel erred in reversing bankruptcy court holding that proceeds of personal property sold with homestead were not proceeds of the homestead.
Procedural posture

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.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 16, 2011 , LexisNexis #1011-044

Capital One Auto Fin. v. Osborn

Ruling
Hanging paragraph did not bar creditor's deficiency claim where creditor had a right to the claim under state law.
Procedural posture

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.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 05, 2008 , LexisNexis #0208-123

Americredit Fin. Servs. v. Moore

Ruling
Although hanging paragraph prevented bifurcation of "910" claim, creditor could claim unsecured deficiency claim if allowed by state law.
Procedural posture

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.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 05, 2008 , LexisNexis #0208-124