Judge Nail

Marshall, In re

Ruling: 
Court affirmed dismissal of debtor's case as she failed to provide proof of receiving creditcounselling within the 180 days before she filed her bankruptcy petition. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on February 28,2019, LexisNexis #0419-025

Thiel, In re--Velde v. Thiel

Ruling: 
Court did not commit clear error in revoking debtor's discharge for failing to surrenderfederal and state income tax returns to the trustee. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-022

Roggenbuck, In re--Roggenbuck v. SSA

Ruling: 
Overpayment claim not excepted from discharge as the SSA was unable to show it justifiablyrelied on the incomplete income information the debtor provided during the time theoverpayments were made. (Bankr. D.S.D.)
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Consumer case opionion summary, case decided on July 24,2018, LexisNexis #0918-013

Tirrell, In re--Charles Gabus Motors, Inc. v. Tirrell

Ruling: 
Bankruptcy court did not err in denying debtor's discharge after a creditor filed an affidavit of default with respect to a court-approved settlement agreement that was intended to resolve the nondischargeability adversary proceeding. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on September 06,2017, LexisNexis #1017-048

Wojciechowski, In re--Wojciechowski v. Wojciechowski

Ruling: 
Bankruptcy court's order confirming debtors' second amended plan affirmed as bankruptcycourt did not abuse its discretion in denying creditor's request for an evidentiary hearing ondebtors' second amended plan. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on June 15,2017, LexisNexis #0717-087

Roberts Broad. Co., In re--Roberts Broad. Co. v. DeWoskin

Ruling: 
Bankruptcy court's order was affirmed as a review of the malpractice claim and evidence showed that abstention was the correct order. (B.A.P. 8th Cir.)
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Commercial case opionion summary, case decided on May 08,2017, LexisNexis #0617-055

McDermott v. Crabtree (In re Crabtree)

Ruling: 
Bankruptcy appellate panel reversed the bankruptcy court's order reducing the amount ofhomestead exemption the debtors claimed as record showed that the court did not requiretrustee to show that debtors intended to defraud their creditors. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on January 24,2017, LexisNexis #0217-084

Schmidt v. Schmidt (In re Nelson)

Ruling: 
State court judgment for willful and malicious injury was nondischargeable. (Bankr. D.S.D.)
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Consumer case opionion summary, case decided on October 03,2016, LexisNexis #1016-116

In re Northern Beef Packers LP

Ruling: 
Debtor’s attorneys allowed fees for post-sale, preconversion services that were likely tobenefit the estate. (Bankr. D.S.D.)
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Commercial case opionion summary, case decided on August 29,2016, LexisNexis #0916-079

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