Feb
28
2014
In re Mittelstaedt
Ruling:
Decrease in income when debtor quit job and spouse retired was not a "special circumstance" that would prevent dismissal for abuse.
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Consumer case opionion summary, case decided on February 28,2014, LexisNexis #0314-127
Oct
18
2013
Accounts Mgmt. v. Langan (In re Langan)
Ruling:
Nondischargeability proceeding against non-debtor dismissed.
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Consumer case opionion summary, case decided on October 18,2013, LexisNexis #1113-080
Oct
18
2013
Accounts Mgmt. v. Langan (In re Langan)
Ruling:
Untimely proof of claim for cost of medical care of deceased debtor's deceased spouse, which was not a domestic support obligation, dismissed.
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Consumer case opionion summary, case decided on October 18,2013, LexisNexis #1113-082
Feb
25
2013
Thoms v. Vucurevich (In re Vucurevich)
Creditor filed a complaint against chapter 7 debtor seeking a denial of the debtor's general discharge under 11 U.S.C.S. § 727(a)(3), (a)(4), and (5). The debtor moved for summary judgment.
Ruling:
Terms of release purporting to shield debtor from denial of discharge were contrary to public policy and unenforceable.
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Consumer case opionion summary, case decided on February 25,2013, LexisNexis #0313-095
Nov
15
2012
Allred v. I-90 Fuel Servs. (In re Kirschman)
Chapter 7 trustee filed an adversary complaint under 11 U.S.C.S. § 547 to avoid as preferential transfers, payments made by the debtor, who was an assistant manager at a truck stop owned and operated by defendant transferee. Debtor had bounced three checks for a total of $4,000 to the transferee, and had subsequently made credit card payments to Telecheck to cover that amount.
Ruling:
Payment by truck stop manager to owner within one year of petition date was not made to an insider and was not avoidable.
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Consumer case opionion summary, case decided on November 15,2012, LexisNexis #1212-054
Apr
12
2012
In re Steen
Chapter 7 trustee filed a motion for turnover of unpaid alimony, an unpaid property settlement, and a motorcycle awarded to the debtor in her divorce.
Ruling:
Property awarded to debtor in divorce was not excluded from the estate.
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Consumer case opionion summary, case decided on April 12,2012, LexisNexis #0512-019
Feb
17
2012
Alfred v. Buttke (In re Buttke)
The matter before the court was trustee's motion for summary judgment regarding a lien claimed by defendant lender. The trustee's motion asked the court to declare that the lender did not have a valid lien on the vehicle and had violated the automatic stay.
Ruling:
Creditor's failure to turn over vehicle upon gaining actual knowledge of case violated stay.
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Consumer case opionion summary, case decided on February 17,2012, LexisNexis #0312-050
Feb
16
2012
In re Willman
A chapter 7 trustee filed a motion for turnover under Fed. R. Bankr. P. 7001(a) and 9014(a), seeking an order requiring that the debtors turn over their accrued vacation time pursuant to 11 U.S.C.S. § 542(a).
Ruling:
Debtors ordered to turn over accrued prepetition vacation time.
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Consumer case opionion summary, case decided on February 16,2012, LexisNexis #0312-089
Feb
14
2011
Ogle v. United States Dept of Agric. (In re Ogle)
The matters before the court for decision were plaintiff debtors' First Amended Complaint (FAC) in this adversary proceeding and defendant U.S. Department of Agriculture's Rural Housing Service's (RHS) Motion for Relief from Stay and Setoff in attendant "Bankr. No. 10-50113."
Ruling:
Postpetition setoff could not be recovered.
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Consumer case opionion summary, case decided on February 14,2011, LexisNexis #0311-130
Oct
05
2010
Dacotah Bank v. Aberdeen Fed. Credit Union (In re Barton)
Plaintiff bank filed an adversary proceeding against defendant credit union, seeking a determination that liens it held on property that a Chapter 7 trustee sold at auction were senior to liens the credit union held on the same proceeds.
Ruling:
Bankruptcy court lacked subject matter jurisdiction over dispute between bank and credit union that bought debtor's property from trustee.
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Consumer case opionion summary, case decided on October 05,2010, LexisNexis #1110-065
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