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District of north dakota

Goetz, In re--Goetz v. Weber

Ruling
Bankruptcy court correctly concluded that post-petition, preconversion, nonexempt equity resulting from market appreciation and payments toward a mortgage lien accrued for the benefit of the bankruptcy estate upon conversion. (B.A.P. 8th Cir.)
Issue(s)
Effect of Conversion.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 18, 2023 , LexisNexis #0723-053

Mudd, In re--Mudd v. United States

Ruling
Debtor's consolidated student loan was dischargeable as the debtor's loans were an unduehardship and her dependent made a good faith effort to maximize her income. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on December 09, 2020 , LexisNexis #0121-061

Balfour, In re--First Neb. Bank v. Balfour

Ruling
Debtor's discharge denied where debtor transferred, concealed and spent grain proceedswhich served as security for debt to the bank with intent to hinder, delay or defraud the bank.(Bankr. D. Neb.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property.

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Consumer opinion summary, case decided on January 24, 2020 , LexisNexis #0320-040

Kurtz, In re

Ruling
Debt was excepted from discharge where debtor's false representation under crop shareagreement proximately caused the creditors to suffer damages. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on August 12, 2019 , LexisNexis #1019-013

Johnson, In re--Portal Invs., LLC v. Johnson

Ruling
Motion for summary judgment was granted as creditor met its burden of showing that debtorwas collaterally estopped from relitigating the issues actually and necessarily decided in thearbitration proceedings. (Bankr. D.N.D.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on January 29, 2018 , LexisNexis #0318-041

Grabanski, In re

Ruling
Court ordered an attorney to disgorge fees to chapter 7 trustee as the disputed fees exceeded reasonable amount previously approved and the attorney failed to properly disclose and explain them. (Bankr. D.N.D.)
Issue(s)
Debtor’s Transactions with Attorneys.

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Consumer opinion summary, case decided on October 24, 2017 , LexisNexis #1217-093

MarPad L.L.C. v. Seevers (In re Seevers)

Ruling
The cost of items maliciously and intentionally removed with the intention to cause injury tothe emplyer would be excepted from discharge as to the debtor. (Bankr. D. Neb.)
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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Consumer opinion summary, case decided on September 29, 2017 , LexisNexis #1117-015

Lashley v. Lashley (In re Lashley)

Ruling
Claims arising under domestic support obligations were nondischargeable and could be filedat any time. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

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Consumer opinion summary, case decided on November 21, 2016 , LexisNexis #1216-073

In re Sandpoint Cattle Co., LLC

Ruling
Debtor LLC's attorneys ordered to disgorge undisclosed fees received from third parties.(Bankr. D. Neb.)
Issue(s)
Could debtor LLC’s attorneys’ fee application be approved?

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Commercial opinion summary, case decided on July 28, 2016 , LexisNexis #0816-094

Sandpoint Cattle Co., LLC v. Craig (In re Sandpoint Cattle Co., LLC)

Ruling
Debtor awarded damages due to attorney’s failure to properly advise as to effects ofabandonment of property. (Bankr. D. Neb.)
Issue(s)
Was debtor entitled to legal malpractice damages due to attorneys’ allegedly flawed advice as to effect of abandonment of property?

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Commercial opinion summary, case decided on July 22, 2016 , LexisNexis #0816-079