Judge Venters

US Bank Natl Assn v. Petro Commer. Servs. (In re Interstate Bakeries Corp.)

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.
Ruling: 
Payments made within preference period enabling transferee to receive more than in a chapter 7 case could be avoided.
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Commercial case opionion summary, case decided on December 19,2012, LexisNexis #0113-035

Shelton v. CitiMortgage Inc. (In re Shelton)

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.
Ruling: 
Avoidance proceeding properly dismissed where sole grounds for avoidance of lien was untimeliness of proof of claim.
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Consumer case opionion summary, case decided on September 24,2012, LexisNexis #1012-078

In re Alexander

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.
Ruling: 
Confirmation denied due to improper vehicle ownership expense and lack of good faith.
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Consumer case opionion summary, case decided on August 01,2012, LexisNexis #0812-097

Foellmi v. Ries (In re Foellmi)

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.
Ruling: 
Debtor could claim exemption in interests in limited partnership distributed by employee benefit plan.
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Consumer case opionion summary, case decided on July 31,2012, LexisNexis #0812-078

Legendary Stone Arts LLC v. Maness (In re Maness)

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).
Ruling: 
Creditors' pursuit of criminal fraud proceeding did not violate stay.
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Consumer case opionion summary, case decided on May 01,2012, LexisNexis #0512-076

Van Daele Bros. v. Thoms (In re Thoms)

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).
Ruling: 
Claim based on missing cattle properly held dischargeable absent evidence of plan to defraud or intent to harm creditor.
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Consumer case opionion summary, case decided on December 22,2011, LexisNexis #0112-088

Interlachen Harriet Invs. Ltd. v. Kelley (In re Petters Co.)

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.
Ruling: 
Approval of settlement with primary creditor in large Ponzi scheme bankruptcy affirmed.
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Commercial case opionion summary, case decided on August 19,2011, LexisNexis #0911-069

Crossroads Ford Inc. v. Dealer Computer Servs. (In re Crossroads Ford Inc.)

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.
Ruling: 
Relief from stay properly granted to allow creditor to proceed with arbitration of claim.
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Commercial case opionion summary, case decided on June 02,2011, LexisNexis #0611-111

Terry v. Standard Ins. Co. (In re Terry)

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.
Ruling: 
Insurer's claim for recoupment of disability benefit overpayments was allowed as unsecured.
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Consumer case opionion summary, case decided on April 13,2011, LexisNexis #0511-051

U.S. Bank Natl Assn v. Spectra Mktg. Sys. (In re Interstate Bakeries Corp.)

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).
Ruling: 
Debtor's payments to energy company were for antecedent debt and could be recovered for estate as preferential.
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Commercial case opionion summary, case decided on January 12,2011, LexisNexis #0211-070

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