Venture Bank v. Lapides
Aug
25
2015
Ruling
Post-discharge reaffirmation agreement, not filed with bankruptcy court, was not enforceable.
Issue(s)
Were post-discharge agreements that extended the maturity date of debtors' loan for six months without court approval properly held to be unenforceable reaffirmation agreements?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Cox v. Momar Inc. (In re Affiliated Foods Southwest Inc.)
Apr
10
2014
Ruling
Two-year lookback was applicable for establishing ordinary course of business defense to avoidance where there were only three transactions in the year prior to the petition date.
Issue(s)
Were preference period payments by debtor wholesale food cooperative to creditor supplier of cleaning and sanitation products avoidable as made in the ordinary course of business and what was the proper look-back period for ascertaining the usual payment practice between debtor and creditor?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Stoebner v. San Diego Gad & Elec. Co. (In re LGI Energy Solutions Inc.)
Mar
20
2014
Ruling
Two utilities could each offset subsequent new value from preference period payments.
Issue(s)
Could utilities offset amount of payments received by debtor bill payment company from customers during preference period against payments made by debtor pursuant to subsequent new value exception to avoidance?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Thompson
Jul
30
2012
Ruling
Debt owed by contractor to subcontractor was dischargeable absent preexisting fiduciary relationship.
Procedural posture
Appellate creditor, a subcontractor, commenced an adversary proceeding in the United States Bankruptcy Court for the District of Minnesota to have a debt owed to him by appellee debtor, the owner and manager of a contracting company, declared nondischargeable. The creditor appealed the Bankruptcy Appellate Panel's (BAP) determination that neither 11 U.S.C.S. § 523(a)(4) nor 11 U.S.C.S. § 523(a)(6) barred discharge of the debt.
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Court
:
Judge or Jurisdiction information not available
Lovald v. Falzerano (In re Falzerano)
Jul
23
2012
Ruling
Trustee's turnover claim based on unjust enrichment properly denied as beyond the scope of §542(a).
Procedural posture
Debtor filed for chapter 7 bankruptcy relief. Plaintiff bankruptcy trustee commenced an adversary turnover proceeding under 11 U.S.C.S. § 542(a) against defendants, a probate estate and others, alleging an unjust enrichment claim. The bankruptcy court found that defendants were not unjustly enriched. The Bankruptcy Appellate Panel for the Eighth Circuit (BAP) affirmed on an alternative ground involving the scope of § 542(a). The trustee appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Arvest Mortg. Co. v. Nail (In re Nail)
Jun
05
2012
Ruling
Bankruptcy appellate panel properly reversed nondischargeability of debt for fiduciary defalcation where state law had not created express or technical trust.
Procedural posture
Appellant mortgage company sought a judgment declaring appellee debtor's mortgage debt nondischargeable. The bankruptcy court concluded that $65,000 of the debt was nondischargeable under 11 U.S.C.S. § 523(a)(4) because debtor held that amount of settlement proceeds in a fiduciary capacity created by Ark. Code Ann. § 4-58-105(b)(2). The U.S. Bankruptcy Appellate Panel for the Eighth Circuit (BAP) reversed. The mortgage company appealed.
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Court
:
Judge or Jurisdiction information not available
Mid-City Bank v. Skyline Woods Homeowners Assn (In re Skyline Woods Country Club)
Feb
22
2011
Ruling
Bankruptcy Appellate Panel properly denied motion to reopen case to void state court judgment that was entitled to full faith and credit.
Procedural posture
Appellants, a corporation that purchased a golf course from the estate of a Chapter 11 debtor and its secured lender, appealed from the U.S. Bankruptcy Appellate Panel for the Eighth Circuit's (BAP) denial of their motion to reopen the closed bankruptcy proceedings in order to declare the Supreme Court of Nebraska's judgment, that the bankruptcy sale did not extinguish equitable interests in having the property maintained as a golf course, void.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Educational Credit Mgmt. Corp. v. Jesperson
Jul
08
2009
Ruling
Undue hardship discharge of student loan debt reversed where debtor was a recently licensed lawyer who qualified for the Claims Contingency Repayment Plan.
Procedural posture
Appellant creditor appealed from the order of the district court for the District of Minnesota which affirmed the order of the bankruptcy court that granted appellee attorney an undue hardship discharge from repaying his student loans under 11 U.S.C.S. § 523(a)(8). The case also implicated the Income Contingent Repayment Plan (ICRP), 20 U.S.C.S. § 1087e(d)(1)(D).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Kaler v. Bala (In re Racing Servs. Inc.)
Jul
02
2009
Ruling
Equitable subordination of claim properly vacated after underlying criminal conviction was reversed.
Procedural posture
Appellant bankruptcy trustee sought review of a decision from the bankruptcy appellate panel for the eighth circuit (BAP), which affirmed an order by the bankruptcy court granting, pursuant to Fed. R. Civ. P. 60(b)(5), appellee claimant's motion to vacate an earlier order subordinating her claim for administrative expenses.
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Court
:
Judge or Jurisdiction information not available