Apr
16
2021
Scott, In re--Scott v. Anderson
Ruling:
Bankruptcy court did not err when it failed to impose sanctions against creditor's counsel as itappropriately found that there was no evidence that the stay relief motion was made for animproper purpose. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on April 16,2021, LexisNexis #0521-100
Aug
07
2020
Fansteel Foundry Corp., In re--Dooley v. Luxfer MEL Techs.
Ruling:
Bankruptcy court's decision that ordinary course of business defense did not apply wasremanded for explanation as to why the court adopted 47 days as the cut-off period. (B.A.P. 8thCir.)
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Commercial case opionion summary, case decided on August 07,2020, LexisNexis #0920-065
Feb
04
2020
Benitez, In re
Ruling:
Court properly dismissed debtor's Chapter 13 case as void as filing the case violated theautomatic stay in his Chapter 7 case. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on February 04,2020, LexisNexis #0320-053
Dec
17
2019
Doughty, In re
Ruling:
Court dismissed debtor's request for relief from violations of the automatic stay as the stay didnot apply to domestic support obligations. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on December 17,2019, LexisNexis #0120-077
Jul
09
2018
McDougall, In re--McDougall v. AgCountry Farm Credit Servs.
Ruling:
Appellate panel did not have jurisdiction over state law fraud claim which was not created ordetermined by the bankruptcy code. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on July 09,2018, LexisNexis #0818-088
Dec
20
2017
Peabody Energy Corp., In re
Ruling:
Court denied motions to file proofs of claims after the deadline as debtors provided notice to creditors which met the requirements of due process. (Bankr. E.D. Mo.)
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Commercial case opionion summary, case decided on December 20,2017, LexisNexis #0118-118
Oct
12
2017
Peabody Energy Corp., In re
Ruling:
Creditor's claim was disallowed where creditor waived the claim because it failed to providetimely notice under the contract. (Bankr. E.D. Mo.)
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Commercial case opionion summary, case decided on October 12,2017, LexisNexis #1117-073
Sep
21
2016
Lariat Cos. v. Wigley (In re Wigley)
Ruling:
Denial of motion to dismiss or convert and subsequent confirmation of plan affirmed onappeal. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on September 21,2016, LexisNexis #1016-064
Apr
07
2016
In re Noranda Aluminum Inc.
Ruling:
Debtor could reject contract that the counterparty was seeking to assume in its own bankruptcy case.
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Commercial case opionion summary, case decided on April 07,2016, LexisNexis #0516-011
Nov
09
2015
In re Helmes
Ruling:
Tax refund pursuant to earned income tax credit received by tax preparer as debtor's agent prior to petition date was not exempt.
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Consumer case opionion summary, case decided on November 09,2015, LexisNexis #1215-011
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