- 11 U.S.C.
Roggenbuck, In re--Roggenbuck v. SSA
Jul
24
2018
Ruling
Overpayment claim not excepted from discharge as the SSA was unable to show it justifiablyrelied on the incomplete income information the debtor provided during the time theoverpayments were made. (Bankr. D.S.D.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled.
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Court
:
- 11 U.S.C.
Schmidt v. Schmidt (In re Nelson)
Oct
03
2016
Ruling
State court judgment for willful and malicious injury was nondischargeable. (Bankr. D.S.D.)
Issue(s)
Was state court judgment claim nondischargeable as based on willful and malicious injury?
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Court
:
In re Northern Beef Packers LP
Aug
29
2016
Ruling
Debtor’s attorneys allowed fees for post-sale, preconversion services that were likely tobenefit the estate. (Bankr. D.S.D.)
Issue(s)
Should debtor’s attorneys’ fee application be allowed?
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Court
:
- 11 U.S.C.
In re Paulson
May
20
2016
Ruling
Case properly dismissed as debtor failed to demonstrate commitment to a fresh start.
Issue(s)
Was pro se debtor's case properly dismissed?
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Court
:
- 11 U.S.C.
DuBois v. Student Loan Mktg. (In re DuBois)
Dec
16
2015
Ruling
Undue hardship discharge denied due to insufficient financial information and debtor's eligibility for income based repayment plan.
Issue(s)
Was convicted felon who was unemployed following release from prison and back surgery entitled to an undue hardship discharge of student loan debt?
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Court
:
- 11 U.S.C.
Allred v. Nickeson (In re Nickeson)
May
28
2015
Ruling
Prepetition transfer of debtor's interest in farm corporation to non-debtor spouse avoided as fraudulent.
Issue(s)
Should debtor's transfer of ownership interest in farm corporation to spouse be avoided as fraudulent?
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Court
:
- 11 U.S.C.
Allred v. Nickeson (In re Nickeson)
Nov
25
2014
Ruling
Summary judgment proceeding for avoidance of debtor's transfer of interest in corporation to spouse denied as debtor's spouse and corporation had right to demonstrate legitimate purpose for transfers.
Issue(s)
Was trustee entitled to summary judgment in proceeding for avoidance of transfer of 97 percent interest in corporate entity to debtor's former spouse?
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Court
:
- 11 U.S.C.
Accounts Mgmt. v. Vasa (In re Vasa)
Nov
19
2014
Ruling
Loan covering debtor's expenses while completing medical residency qualified as a student loan and was nondischargeable.
Issue(s)
Was loan covering debtor's expenses during medical residency a nondischargeable student loan debt?
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Court
:
SDIF Ltd. Pship 6 v. Northern Beef Packers Ltd. Pship (In re Northern Beef Packers Ltd. Pship)
Sep
22
2014
Ruling
Claim for yardage of clay fill provided by creditor allowed based on actual amounts paid to pit owners.
Issue(s)
What was the proper valuation of creditor's claim for yardage of clay fill provided to debtor?
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Court
:
- 11 U.S.C.
In re Stanford
Aug
20
2014
Ruling
Lease agreements that were not assumed were not subject to the automatic stay.
Issue(s)
Were alleged leases, not timely assumed by the trustee, subject to the automatic stay?
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Court
: