Jul
24
2018
Roggenbuck, In re--Roggenbuck v. SSA
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.)
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Consumer case opionion summary, case decided on July 24,2018, LexisNexis #0918-013
Oct
03
2016
Schmidt v. Schmidt (In re Nelson)
Ruling:
State court judgment for willful and malicious injury was nondischargeable. (Bankr. D.S.D.)
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Consumer case opionion summary, case decided on October 03,2016, LexisNexis #1016-116
Aug
29
2016
In re Northern Beef Packers LP
Ruling:
Debtor’s attorneys allowed fees for post-sale, preconversion services that were likely tobenefit the estate. (Bankr. D.S.D.)
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Commercial case opionion summary, case decided on August 29,2016, LexisNexis #0916-079
May
20
2016
In re Paulson
Ruling:
Case properly dismissed as debtor failed to demonstrate commitment to a fresh start.
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Consumer case opionion summary, case decided on May 20,2016, LexisNexis #0616-065
Dec
16
2015
DuBois v. Student Loan Mktg. (In re DuBois)
Ruling:
Undue hardship discharge denied due to insufficient financial information and debtor's eligibility for income based repayment plan.
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Consumer case opionion summary, case decided on December 16,2015, LexisNexis #0116-121
May
28
2015
Allred v. Nickeson (In re Nickeson)
Ruling:
Prepetition transfer of debtor's interest in farm corporation to non-debtor spouse avoided as fraudulent.
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Consumer case opionion summary, case decided on May 28,2015, LexisNexis #0615-130
Nov
25
2014
Allred v. Nickeson (In re Nickeson)
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.
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Consumer case opionion summary, case decided on November 25,2014, LexisNexis #1214-130
Nov
19
2014
Accounts Mgmt. v. Vasa (In re Vasa)
Ruling:
Loan covering debtor's expenses while completing medical residency qualified as a student loan and was nondischargeable.
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Consumer case opionion summary, case decided on November 19,2014, LexisNexis #1214-089
Sep
22
2014
SDIF Ltd. Pship 6 v. Northern Beef Packers Ltd. Pship (In re Northern Beef Packers Ltd. Pship)
Ruling:
Claim for yardage of clay fill provided by creditor allowed based on actual amounts paid to pit owners.
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Commercial case opionion summary, case decided on September 22,2014, LexisNexis #1014-082
Aug
20
2014
In re Stanford
Ruling:
Lease agreements that were not assumed were not subject to the automatic stay.
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Consumer case opionion summary, case decided on August 20,2014, LexisNexis #0914-079
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