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8th circuit

Indian Hills Health Care of Sioux City, LLC, Hughes v. Nava Healthcare Grp., LLC

Ruling
Venue was proper as the Chapter 7 trustee's avoidance action arose under the BankruptcyCode. (Bankr. N.D. Iowa)
Issue(s)
Venue of Proceedings Arising Under Title 11 or Arising in or Related to Cases

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Consumer opinion summary, case decided on August 02, 2024 , LexisNexis #1024-023

Wallace, In re

Ruling
Court rejected debtors’ “sovereign citizen” type arguments in granting creditor relief from theautomatic stay. (Bankr. N.D. Iowa)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on August 02, 2024 , LexisNexis #1024-004

Tait, In re

Ruling
State court did not enter a judgment that would give rise to an avoidable judicial lien on realestate. (Bankr. W.D. Ark.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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opinion summary, case decided on July 23, 2024 , LexisNexis #0924-060

Miller, In re

Ruling
Debtor's request to offset the claim with orthodontic expenses paid by her parents was deniedas debtor did not establish mutuality regarding the orthodontic payments. (Bankr. D. Neb.)
Issue(s)
Allowance of Claims or Interests; Disallowance.

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Consumer opinion summary, case decided on July 22, 2024 , LexisNexis #0924-084

Duncanson, In re--Duncanson v. Bank of N.D.

Ruling
Court discharged bank's educational expenses loan due to undue hardship on debtor. (Bankr.N.D. Iowa)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on July 19, 2024 , LexisNexis #0924-065

Bergman, In re

Ruling
Debtors were not prohibited from using the 100% fair market value check box when claimingexemption, provided the trustee could determine the amount of the exemption claimed fromSchedule C and the applicable statute. (Bankr. D. Neb.)
Issue(s)
Exemptions; Types of Exempt Property.

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Consumer opinion summary, case decided on July 18, 2024 , LexisNexis #0924-088

Coffer, In re

Ruling
Court ruled commercial real estate was not part of debtor's bankruptcy estate as debtor'sinterest was limited to LLC membership and not LLC's assets, despite LLC dissolution. (Bankr.E.D. Mo.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on July 17, 2024 , LexisNexis #0924-038

Pavel, In re--Walton v. Pavel

Ruling
Debtor's claim was nondischargeable as debtor made false representations about the car'scondition. (Bankr. W.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on July 10, 2024 , LexisNexis #0924-034

JC Farms, LLC, In re

Ruling
Late-filed claim allowed in Chapter 12 case where creditor did not receive notice of claims bardate. (Bankr. E.D. Mo.)
Issue(s)
Filing Proof of Claim or Interest; Time for Filing; Notice to Creditor at Foreign

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Commercial opinion summary, case decided on July 09, 2024 , LexisNexis #0924-049

Osborn, In re

Ruling
Court denied creditor's untimely motion to extend deadline to object to Chapter 12 dischargefor lack of diligence and grounds for equitable tolling. (Bankr. D. Neb.)
Issue(s)
Grant or Denial of Discharge; Extension of Time.

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Consumer opinion summary, case decided on July 09, 2024 , LexisNexis #0924-050