- 11 U.S.C.
In re Fields
Jun
01
2016
Ruling
Chapter 13 debtor not engaged in business could incur secured debt and obtain credit via planmodification. (Bankr. D. Minn.)
Issue(s)
Does the Bankruptcy Code2 require a debtor in a chapter 13 case — who is not "engaged in business" — to obtain court approval when seeking [*3] to obtain post-petition credit and to incur debt to purchase a vehicle?
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Court
:
- 11 U.S.C.
Kelley v. Opportunity Fin. LLC (In re Petters Co.)
May
31
2016
Ruling
Trustee could recover of at least the ostensible interest-component that debtors paid to certain defendants and other investors pursuant to alleged Ponzi scheme.
Issue(s)
To what extent could trustee avoid certain transactions that were part of a Ponzi scheme under a state uniform fraudulent transfer act?
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Court
:
- 11 U.S.C.
In re Fields
May
27
2016
Ruling
Court authorization not required for debtor not engaged in business to purchase automobile.
Issue(s)
Should the bankruptcy court grant individual chapter 13 debtors authorization to incur debt and secure credit to purchase a motor vehicle?
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Court
:
Kelley v. Opportunity Fin. LLC (In re Petters Co.)
May
19
2016
Ruling
Substantive consolidation did not affect trustee's avoidance rights.
Issue(s)
Whether in application of the state law of fraudulent transfer, after the substantive-consolidation of the estates of multiple debtors, the trustee may use the standing of a prepetition creditor of one of those debtor-entities to satisfy the predicate-creditor requirement for the avoidance of a pre-petition transfer made by another of the debtor-entities, where the proposed predicate creditor itself had no pre- petition claim against the transferor-debtor.
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Court
:
- 11 U.S.C.
In re Walz
Mar
15
2016
Ruling
Interest in house acquired les than 180 days after petition date was property of the estate and qualified as a homestead in which debtor could clam an exemption.
Issue(s)
Was debtor entitled to a homestead exemption on property she resided in but did not own on the petition date?
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Court
:
- 11 U.S.C.
Stoebner v. Larson (In re Larson)
Mar
02
2016
Ruling
Discharge denied due to significant omissions of income and assets.
Issue(s)
Were significant omissions of income and assets from schedules grounds for a denial of debtor's discharge?
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Court
:
- 11 U.S.C.
County of Dakota v. Milan (In re Milan)
Mar
01
2016
Ruling
"Pay to stay" costs assessed against debtor inmate were not excepted from discharge.
Issue(s)
Whether costs charged to inmates under Minnesota's "pay to stay" program were excepted from a debtor's bankruptcy discharge.
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Court
:
Kelley v. Associated Bank (In re Petters Co.)
Feb
29
2016
Ruling
Ponzi scheme presumption could not serve as basis for holding that transfers to bank to cover overdrafts were fraudulent.
Issue(s)
Were transfers to debtor's bank to cover overdrafts avoidable as fraudulent?
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Court
:
- 11 U.S.C.
In re Yotis
Feb
04
2016
Ruling
Creditor's postpetition mortgage fees and expenses allowed to the extent necessary to cure debtor's default.
Issue(s)
Should fees and other charges claimed by mortgage creditor in its notice of postpetition fees, expenses, and charges be allowed?
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Court
:
- 11 U.S.C.
Stoebner v. Opportunity Fin. LLC (In re Polaroid Corp.)
Jan
14
2016
Ruling
Trustee could not avoid transfers by companies owned by debtor's owner but that were not currently in bankruptcy.
Issue(s)
Could transfers by nondebtor companies owned by debtor's owner be avoided?
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Court
: