Judge Schermer

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

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

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

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

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

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

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

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

Jordahl v. Burrell (In re Jordahl)

Ruling: 
Debtor's plan could not provide for regular payments on student loan debt while paying less on other unsecured non-priority debts.
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Consumer case opionion summary, case decided on November 02,2015, LexisNexis #1115-135

Heritage Bank v. Woodward (In re Woodward)

Ruling: 
Confirmation order reversed in individual chapter 11 case due to violation of the absolute priority rule.
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Consumer case opionion summary, case decided on August 13,2015, LexisNexis #0915-027

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