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Judge Loken

Venture Bank v. Lapides

Ruling: 
Post-discharge reaffirmation agreement, not filed with bankruptcy court, was not enforceable.
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Consumer case opionion summary, case decided on August 25,2015, LexisNexis #0915-053

Cox v. Momar Inc. (In re Affiliated Foods Southwest Inc.)

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.
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Commercial case opionion summary, case decided on April 10,2014, LexisNexis #0414-126

Stoebner v. San Diego Gad & Elec. Co. (In re LGI Energy Solutions Inc.)

Ruling: 
Two utilities could each offset subsequent new value from preference period payments.
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Commercial case opionion summary, case decided on March 20,2014, LexisNexis #0414-024

In re Thompson

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.
Ruling: 
Debt owed by contractor to subcontractor was dischargeable absent preexisting fiduciary relationship.
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Consumer case opionion summary, case decided on July 30,2012, LexisNexis #0812-082

Lovald v. Falzerano (In re Falzerano)

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.
Ruling: 
Trustee's turnover claim based on unjust enrichment properly denied as beyond the scope of §542(a).
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Consumer case opionion summary, case decided on July 23,2012, LexisNexis #0812-053

Arvest Mortg. Co. v. Nail (In re Nail)

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.
Ruling: 
Bankruptcy appellate panel properly reversed nondischargeability of debt for fiduciary defalcation where state law had not created express or technical trust.
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Consumer case opionion summary, case decided on June 05,2012, LexisNexis #0612-117

Mid-City Bank v. Skyline Woods Homeowners Assn (In re Skyline Woods Country Club)

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.
Ruling: 
Bankruptcy Appellate Panel properly denied motion to reopen case to void state court judgment that was entitled to full faith and credit.
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Commercial case opionion summary, case decided on February 22,2011, LexisNexis #0311-068

Educational Credit Mgmt. Corp. v. Jesperson

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).
Ruling: 
Undue hardship discharge of student loan debt reversed where debtor was a recently licensed lawyer who qualified for the Claims Contingency Repayment Plan.
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Consumer case opionion summary, case decided on July 08,2009, LexisNexis #0809-030

Kaler v. Bala (In re Racing Servs. Inc.)

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.
Ruling: 
Equitable subordination of claim properly vacated after underlying criminal conviction was reversed.
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Commercial case opionion summary, case decided on July 02,2009, LexisNexis #0809-029
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