US Bank Natl Assn v. Petro Commer. Servs. (In re Interstate Bakeries Corp.)
Dec
19
2012
Ruling
Payments made within preference period enabling transferee to receive more than in a chapter 7 case could be avoided.
Procedural posture
The trustee of the creditor's trust moved for partial summary judgment in its adversary action to avoid and recover $412,240.00 in allegedly preferential transfers, under 11 U.S.C.S. § 547(b), made by the debtor to defendant transferee in the 90 days before the debtor's bankruptcy petition date.
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Court
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Shelton v. CitiMortgage Inc. (In re Shelton)
Sep
24
2012
Ruling
Avoidance proceeding properly dismissed where sole grounds for avoidance of lien was untimeliness of proof of claim.
Procedural posture
Appellant debtors sought review of a decision from the United States Bankruptcy Court for the Eastern District of Arkansas, granting appellee creditor's motion to dismiss the debtors' adversary proceeding seeking the avoidance of the creditor's lien on the debtors' residence.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Alexander
Aug
01
2012
Ruling
Confirmation denied due to improper vehicle ownership expense and lack of good faith.
Procedural posture
Within days before filing their bankruptcy petition, bankruptcy debtors obtained a relatively small loan secured by the debtors' vehicle, and the debtors claimed a vehicle expense deduction based on the loan which reduced their disposable income to zero. The bankruptcy trustee moved to deny confirmation of the debtors' plan which proposed to pay nothing to unsecured creditors.
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Court
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- 11 U.S.C.
Foellmi v. Ries (In re Foellmi)
Jul
31
2012
Ruling
Debtor could claim exemption in interests in limited partnership distributed by employee benefit plan.
Procedural posture
A chapter 7 debtor claimed an exemption under Minn. Stat. § 550.37, subd. 24, for limited partnership units she received from her employer. The United States Bankruptcy Court for the District of Minnesota denied the claim of exemption. The debtor appealed.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
Legendary Stone Arts LLC v. Maness (In re Maness)
May
01
2012
Ruling
Creditors' pursuit of criminal fraud proceeding did not violate stay.
Procedural posture
Plaintiff creditors filed a motion for summary judgment on defendant chapter 7 debtors' counterclaim for actual and punitive damages arising from the creditors' alleged violations of the automatic stay under 11 U.S.C. § 362(a)(6).
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Court
:
- 11 U.S.C.
Van Daele Bros. v. Thoms (In re Thoms)
Dec
22
2011
Ruling
Claim based on missing cattle properly held dischargeable absent evidence of plan to defraud or intent to harm creditor.
Procedural posture
Creditor challenged an order from the United States Bankruptcy Court for the Northern District of Iowa finding that the debt owed to it by a debtor was not excepted from discharge under 11 U.S.C.S. § 523(a)(6).
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Court
:
Judge or Jurisdiction information not available
- FRBP
Interlachen Harriet Invs. Ltd. v. Kelley (In re Petters Co.)
Aug
19
2011
Ruling
Approval of settlement with primary creditor in large Ponzi scheme bankruptcy affirmed.
Procedural posture
Appellant creditor sought review of a decision from the United States Bankruptcy Court for the District of Minnesota, which approved a multi-million dollar, global settlement in one of the largest Ponzi scheme bankruptcies in American history.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Crossroads Ford Inc. v. Dealer Computer Servs. (In re Crossroads Ford Inc.)
Jun
02
2011
Ruling
Relief from stay properly granted to allow creditor to proceed with arbitration of claim.
Procedural posture
Appellant debtor sought review of an order from the United States Bankruptcy Court for the District of Nebraska, which granted appellee creditor relief from the automatic stay to proceed with arbitration of its claim against the debtor's bankruptcy estate.
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Court
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Judge or Jurisdiction information not available
Terry v. Standard Ins. Co. (In re Terry)
Apr
13
2011
Ruling
Insurer's claim for recoupment of disability benefit overpayments was allowed as unsecured.
Procedural posture
On remand from the Bankruptcy Appellate Panel for the Eighth Circuit, the court was ordered to determine whether it would be equitable for defendant insurer to recoup benefit overpayments from the future disability payments of plaintiff, a Chapter 7 debtor.
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Court
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U.S. Bank Natl Assn v. Spectra Mktg. Sys. (In re Interstate Bakeries Corp.)
Jan
12
2011
Ruling
Debtor's payments to energy company were for antecedent debt and could be recovered for estate as preferential.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendants, an energy company and other parties, seeking recovery, inter alia, of $67,965 in payments that a Chapter 11 debtor's affiliate made to the energy company shortly before the debtor declared bankruptcy. The court held a trial on the energy company's claims that it did not have to repay the money it received because the payments were protected under 11 U.S.C.S. § 547(c)(1) and (c)(2).
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Court
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