Smith, In re
Sep
30
2024
Ruling
Judicial estoppel barred creditor from litigating his liability for domestic violence against debtor as his current position was clearly inconsistent with prior positions in other non-bankruptcy forums. (Bankr. D. Minn.)
Issue(s)
Allowance of Claims or Interests; Disallowance.
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Court
:
Anderson, In re--Jensen v. Anderson
Sep
16
2024
Ruling
Motion for default judgment was denied as the record did not suggest debtor’s late filed answer was an intentional delay tactic. (Bankr. D. Minn.)
Issue(s)
Default.
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Court
:
- 11 U.S.C.
Landin, In re--Ahlgren v. Landin
Jun
11
2024
Ruling
Court avoided debtor's pre-bankruptcy transfer of funds to brother two weeks prior to petitiondate as constructively fraudulent. (Bankr. D. Minn.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Court
:
- 11 U.S.C.
Farhat, In re--Stermer v. United States
May
14
2024
Ruling
Trustee did not adequately plead constructively fraudulent transfer as the complaint did notinclude any factual allegations related to "reasonably equivalent value" for the tax payments.(Bankr. D. Minn.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Court
:
- 11 U.S.C.
Sczepanski, In re
Apr
12
2024
Ruling
Debtors' Chapter 7 case was subject to dismissal for abuse as tax liens should not have beenfactored into the means test. (Bankr. D. Minn.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;
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Court
:
- 11 U.S.C.
DynoTec, Indus., In re
Apr
05
2024
Ruling
Subchapter V trustee's application for compensation was denied as the trustee's postconfirmation duties were limited to express statutory duties. (Bankr. D. Minn.)
Issue(s)
Trustee; Duties; Under § 704(a)(2), (5), (6), (7) and (9).
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Court
:
- 11 U.S.C.
Paczkowski, In re--Garven v. Paczkowski
May
22
2023
Ruling
Creditors were not entitled to summary judgement in nondischargeability proceeding on grounds of embezzlement or larceny as the debtor's conduct could not constitute larceny or embezzlement as a matter of law. (Bankr. D. Minn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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Court
:
- 11 U.S.C.
Elldan Corp., In re
Jan
11
2023
Ruling
Debtor was authorized to reject franchise agreements as the costs of the royalty fees due to thefranchise outweighed the benefits which the debtor received under the franchise agreements.(Bankr. D. Minn.)
Issue(s)
Executory Contracts and Unexpired Leases.
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Court
:
- 11 U.S.C.
Atkinson, In re
Dec
15
2022
Ruling
Automatic stay was annulled and case dismissed as the debtor had requested and obtainedvoluntary dismissal of a prior bankruptcy case within 180 days of the petition date. (Bankr. D.Minn.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Voluntary
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Court
:
- 11 U.S.C.
Turner, In re
Dec
02
2022
Ruling
Fee agreement was void and unenforceable as it made statements that were untrue andmisleading. (Bankr. D. Minn.)
Issue(s)
Restrictions on Debtor Relief Agencies; Restricted Actions; Untrue or Misleading
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Court
: