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8th circuit

Davis, In re--Paulsen v. Davis

Ruling
Plaintiff had no claim regarding the property of an LLC owned by debtors because theassets of the LLC were not property of debtors or property of the estate. (Bankr. D. Neb.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on August 13, 2021 , LexisNexis #1021-012

Kohout, In re--Snyder v. Kohout

Ruling
Court found that U.S. Trustee has failed to prove by a preponderance of the evidence thatdebtor acted with the requisite intent necessary for a denial of discharge. (Bankr. D. Minn.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property.

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Consumer opinion summary, case decided on July 28, 2021 , LexisNexis #0921-045

Lincoln, In re--Lincoln v. Snyder

Ruling
Appeal was dismissed as moot because the bankruptcy was dismissed and there was no needfor a credit counseling certificate. (B.A.P. 8th Cir.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 28, 2021 , LexisNexis #0921-026

Marsh, In re--Madison Res. Funding Corp. v. Marsh

Ruling
Bankruptcy court did not err in calculating damages and determining nondischargeabilityof debt. (B.A.P. 8th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 21, 2021 , LexisNexis #0921-013

Rancher's Legacy Meat Co., In re

Ruling
Claim for administrative expenses denied because the unique facts of the case showed anattempt to receive payment that the debtor-in-possession already settled. (Bankr. D. Minn.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate

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Commercial opinion summary, case decided on June 03, 2021 , LexisNexis #0721-082

Neosho Concrete Prods. Co., In re

Ruling
Conversion of Chapter 11 case to Chapter 7 was not warranted as the United States Trustee didnot satisfy its burden to prove the absence of a reasonable likelihood of rehabilitation basedonly on the failure of debtor to reach a binding supply agreement. (Bankr. W.D. Mo.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes

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Commercial opinion summary, case decided on May 06, 2021 , LexisNexis #0621-069

Frausto, In re

Ruling
Trustee was entitled to turnover of a vehicle as the court could not recognize a resultingtrust in a motor vehicle. (Bankr. D. Neb.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable

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Consumer opinion summary, case decided on April 29, 2021 , LexisNexis #0621-040

Welte Testamentary Trust, In re

Ruling
Creditor trust did not have an unenforceable claim and lacked standing to file a motion todismiss debtor’s case. (Bankr. N.D. Iowa)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unenforceable Claim.

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Commercial opinion summary, case decided on April 22, 2021 , LexisNexis #0621-030

Allen, In re--Ridings v. Casamatta

Ruling
Bankruptcy court acted within its authority when it reduced the fees charged in two cases by aconsumer bankruptcy attorney using a bifurcated arrangement for all work associated with aChapter 7 filing because both cases were routine. (B.A.P. 8th Cir.)

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 19, 2021 , LexisNexis #0821-001

Scott, In re--Scott v. Anderson

Ruling
Bankruptcy court did not err when it failed to impose sanctions against creditor's counsel as itappropriately found that there was no evidence that the stay relief motion was made for animproper purpose. (B.A.P. 8th Cir.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 16, 2021 , LexisNexis #0521-100