- 11 U.S.C.
Marcusen v. Glen (In re Glen)
Apr
09
2010
Ruling
Exception from discharge reversed where misrepresentation was not contemporaneous with incurring of debt and debtor's lacked intent to deceive.
Procedural posture
Debtors filed a voluntary petition for relief under chapter 7. Creditors commenced an adversary proceeding. The Bankruptcy Court for the District of Minnesota liquidated the amount of a debt owed by the debtors to the creditors and excepted the debt from the debtors' discharge pursuant to 11 U.S.C.S. § 523(a)(2)(A). The creditors appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Doeling v. Nessa (In re Nessa)
Apr
09
2010
Ruling
Exemption in inherited IRA affirmed.
Procedural posture
Appellant, the bankruptcy trustee for appellee debtor's estate, challenged an order of the Bankruptcy Court for the District of Minnesota, that overruled his objection to her claim of an exemption from estate property of an inherited individual retirement account (IRA), pursuant to 11 U.S.C.S. § 522(d)(12).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Burns v. Farmers State Bank (In re Ragsdel)
Jun
10
2009
Ruling
Lien against property interest created by prepetition deed in to debtor that was not discovered until after discharge was avoidable.
Procedural posture
Chapter 7 trustee, filed a complaint pursuant to 28 U.S.C.S. § 157(b) against creditors to determine the extent and validity of home liens. The matter was submitted on stipulated facts and letter briefs.
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:
- 11 U.S.C.
Burival v. Creditor Comm. (In re Burival)
Jun
04
2009
Ruling
Bankruptcy court erred in prorating landlord's claim for unpaid farmland rent.
Procedural posture
Debtors filed petitions under chapter 11 of the Bankruptcy Code, and appellee, the conservator of a landlord's estate, filed a claim in the amount of $ 90,799.22 against the debtors' bankruptcy estates. The bankruptcy court for the District of Nebraska awarded the conservator $ 50,521.65, plus interest and attorneys' fees, and the debtors and the conservator filed cross-appeals.
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Court
:
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Smith v. Hanrahan (In re Smith)
Mar
17
2009
Ruling
Debtor properly ordered to turn over real estate commissions earned prepetition and paid postpetition.
Procedural posture
Appellant debtor challenged an order from the United States Bankruptcy Court for the Northern District of Iowa that required him to turn over to appellee chapter 7 trustee commissions earned in connection with two real estate sale contracts entered into pre-petition but closed post-petition.
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:
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- 11 U.S.C.
Falcon Creditor Trust v. First Ins. Funding Corp. (In re Falcon Prods. Inc.)
Jan
30
2009
Ruling
On remand, bankruptcy court reaffirmed that payment on claim that was fully secured at time of transfer was not preferential.
Procedural posture
After the Eighth Circuit Bankruptcy Appellate Panel (BAP) reversed its grant of summary judgment in favor of defendant finance company and against plaintiff creditor trust, which had sought to avoid and recover transfers alleged to be preferential per 11 U.S.C.S. § 547, the court, as ordered, considered defenses asserted by the company and the actual effect of the transfers per the Supreme Court's ruling in Palmer Clay Products Co. v. Brown.
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:
- 11 U.S.C.
In re Mierkowski
Sep
29
2008
Ruling
"910 vehicle" claim could not be bifurcated but negative equity portion was not included in purchase money security interest.
Procedural posture
The court conducted a hearing on the confirmation of the Second Amended chapter 13 plan filed by debtors and the Objection to the Plan filed by a creditor.
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Court
:
- 11 U.S.C.
Babin v. Powell (In re Powell)
Sep
02
2008
Ruling
Confirmation reversed due to precedent that debtors could not claim ownership expense deduction for vehicles owned free and clear.
Procedural posture
Chapter 13 trustee objected to the confirmation of appellee debtors' plans on the theory that they were not submitting all projected disposable income to the repayment of creditors. The Bankruptcy Court for the Western District of Arkansas overruled the objections and confirmed the debtors' plans. The trustee appealed.
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Omega Counsulting v. Edwards (In re Future Trust Inc.)
May
08
2008
Ruling
Bankruptcy court properly denied motion for payment of unclaimed funds.
Procedural posture
Appellant claimant, the purported assignee of the debtor, challenged an order of the Bankruptcy Court for the Western District of Missouri that denied its application for payment of unclaimed funds from the chapter 11 bankruptcy estate. The issue was whether the bankruptcy court erred when it denied appellant's motion for payment of unclaimed funds pursuant to 11 U.S.C.S. § 347(b) and 11 U.S.C.S. § 1143.
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:
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Coop v. Lasowski (In re Lasowski)
Mar
31
2008
Ruling
Debtor's deduction from projected disposable income calculation for 401(k) loan payments limited to actual balance due.
Procedural posture
Appellee debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying her creditors. The United States Bankruptcy Court for the Eastern District of Arkansas approved the debtor's plan, and appellant chapter 13 trustee appealed the bankruptcy court's order, arguing that the bankruptcy court miscalculated the amount the debtor was required to pay unsecured creditors.
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:
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