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District of minnesota

Jundt, In re

Ruling
Court dismissed the case where there was a stipulation that debtors' disposable monthlyincome exceeded the statutory threshold and the debts were primarily consumer in nature.(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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Consumer opinion summary, case decided on January 15, 2021 , LexisNexis #0221-065

Boisaubin, In re--Boisaubin v. Blackwell

Ruling
Order affirmed where bankruptcy court properly held that claim was property of the MissouriBankruptcy estate. (B.A.P. 8th Cir.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 14, 2020 , LexisNexis #0620-092

Ratcliff

Ruling
Debtor-in-possession could avoid creditor's lien due to the creditor’s failure to reperfect itssecurity interest after debtor’s name change. (Bankr. D. Minn.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and

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Commercial opinion summary, case decided on March 23, 2020 , LexisNexis #0520-040

Riehm, In re--Kerkinni v. Riehm

Ruling
Debt excepted from discharge where debtor's act of stabbing plaintiff was willful andmalicious. (Bankr. D. Minn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on March 05, 2020 , LexisNexis #0420-065

Schultz, In re--Schultz v. United States Department of Education

Ruling
Post-petition consolidated loan was not dischargeable as it was a separate loan from theoriginal student loans with a separate repayment period. (Bankr. D. Minn.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on February 11, 2020 , LexisNexis #0320-092

Mus, In re

Ruling
Court orders arising from parties' marital dissolution were not subject to avoidance as none ofthe orders qualified as a lien. (Bankr. D. Minn.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance.

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Consumer opinion summary, case decided on March 01, 2019 , LexisNexis #0519-008

Jaworski, In re

Ruling
Trustee's objection to application for fees sustained as debtor's attorney did not raise objections to the treatment of his claim throughout the four years of the case's administration. (Bankr. D. Minn.)
Issue(s)
Discharge; Full-Compliance Discharge.

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Consumer opinion summary, case decided on November 30, 2018 , LexisNexis #0119-052

Zaligson, In re--Snyder v. Zaligson

Ruling
Debtor's discharge not revoked where trustee failed to meet his burden of proving that debtorowned the watches and thus should have disclosed them. (Bankr. D. Minn.)
Issue(s)
Discharge; Grounds for Revocation; Fraud.

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Consumer opinion summary, case decided on November 02, 2018 , LexisNexis #1218-082

Noll, In re--Seaver v. Noll

Ruling
Transfer of debtor's property from the state and the IRS to non-debtor spouse was avoidable as the debtor did not receive any value. (Bankr. D. Minn.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.

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Consumer opinion summary, case decided on September 27, 2018 , LexisNexis #1118-079

Austin, In re--United States v. Austin

Ruling
Appellate panel reversed bankruptcy court's order sustaining debtors' objection to the IRS'sproof of claim after debtors failed to present substantial evidence sufficient to overcome thepresumption of the validity and amount of the IRS's proof of claim. (B.A.P. 8th Cir.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation of Creditor’s Interest.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 09, 2018 , LexisNexis #0518-073