- 11 U.S.C.
Hardy v. Fink (In re Hardy)
Jun
02
2015
Ruling
Debtor could claim state law exemption in portion of tax refund based on federal Additional Child Tax Credit.
Issue(s)
Whether a portion of a tax refund based on the Additional Child Tax Credit (ACTC), 26 U.S.C.S. § 24(d), was exempt from a debtor's bankruptcy estate as a public assistance benefit under Missouri law.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Kaler v. Bala (In re Racing Servs.)
Feb
27
2014
Ruling
Liquidation proceeds of a cash-value life insurance policy purchased by debtor for an employee were not property of the estate absent surrender of proceeds by employee.
Issue(s)
Was the bankruptcy estate of former employee's employer entitled to the liquidation proceeds of a cash-value life insurance policy the employer purchased for the employee where the terms of an agreement between the parties granted the employer only the limited right to receive a repayment of policy premiums from the cash value upon surrender of the policy?
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Court
:
Judge or Jurisdiction information not available
Shelton v. Citimortgage Inc. (In re Shelton)
Nov
04
2013
Ruling
Lien was not void solely due to creditor's untimely claim.
Issue(s)
Was creditor's lien void due solely to the fact that the creditor's claim was untimely filed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Samuel J. Temperato Revocable Trust v. Unterreiner (In re Unterreiner)
Nov
08
2012
Ruling
Bankruptcy appellate panel properly reversed finding of nondischargeability given that alleged misrepresentation was not made to creditor trust.
Procedural posture
Plaintiff trust filed an adversary complaint in bankruptcy court against debtors, claiming that a debt was nondischargeable under 11 U.S.C.S. § 523. The bankruptcy court granted summary judgment in favor of the trust. The United States Bankruptcy Appellate Panel (BAP) for the Eighth Circuit reversed. The trust appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
National Bank of Ark. v. Panther Mt. Land Dev. LLC
Jul
25
2012
Ruling
Stay did not apply to state court action against improvement district in which debtor owned development lots.
Procedural posture
Appellant, a secured creditor of appellee chapter 11 debtor, challenged a decision of the Bankruptcy Appellate Panel for the Eighth Circuit, which affirmed the bankruptcy court's judgment that the automatic stay of 11 U.S.C.S. § 362 applied to the creditor's proposed action against certain improvement districts.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Islamov v. Ungar (In re Ungar)
Feb
14
2011
Ruling
Bankruptcy court properly held debts based on fraud to be nondischargeable and had jurisdiction to reduce them to judgment.
Procedural posture
Debtor sought judicial review of the U. S. Bankruptcy Appellate Panel for the Eighth Circuit's affirmation of a bankruptcy court's judgment that certain debts were the product of fraud and were non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and that the bankruptcy court possessed jurisdiction to reduce a non-dischargeable debt to a judgment against her.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Morgan v. Goldman (In re Morgan)
Jul
28
2009
Ruling
Trustee properly removed from all assigned cases.
Procedural posture
The chapter 13 bankruptcy trustee appealed from a decision of the Bankruptcy Appellate Panel for the Eighth Circuit that affirmed a bankruptcy court order removing her as trustee from all cases assigned to her in the Eastern and Western Districts of Arkansas.
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Court
:
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Contractors Laborers Teamsters & Engrs Health & Welfare Plan v. M&S Grading Inc. (In re M&S Grading Inc.)
Sep
09
2008
Ruling
Trustee was not unjustified in failing to exercise powers to proceed against bank that received debtor's accounts receivable proceeds.
Procedural posture
Appellants, various employee benefit plans and the plans' trustees, sought review after the District Court for the District of Nebraska affirmed orders issued by a bankruptcy court, including an order granting summary judgment to appellees, a bankrupt excavation company, a bankruptcy trustee, and a bank, as to appellants' claim that the trustee improperly made payments from the bankruptcy estate to the bank instead of to the plans.
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Court
:
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- 11 U.S.C.
Sells v. Porter (In re Porter
Aug
26
2008
Ruling
Judgment for retaliation against employee who made sexual harrassment complaint properly held nondischargeable.
Procedural posture
Appellee judgment creditor brought an adversary proceeding in bankruptcy court against appellant chapter 7 debtor, seeking to bar a debt from discharge. The bankruptcy court excepted the debt from discharge under 11 U.S.C.S. § 523(a)(6). The United States Bankruptcy Appellate Panel for the Eighth Circuit affirmed. The debtor appealed.
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Court
:
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Miller v. NLVK LLC (In re Miller)
Jul
21
2006
Ruling
Judgment was reversed and remanded to determine whether present fair equivalent value was paid for property when prior liens are considered.
Procedural posture
The District Court for the District of Nebraska granted plaintiff chapter 11 debtor's request to set aside a property transfer. Defendant purchaser appealed.
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