- 11 U.S.C.
Clouse, In re
Oct
29
2020
Ruling
Tardily filed unsecured proof of claim allowed but subordinated to timely filed claims. (Bankr.D. Neb.)
Issue(s)
Distribution of Property of the Estate; Order of Distribution; Tardily Filed Claims.
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- 11 U.S.C.
Schmitz, In re--Scott v. Schmitz
Oct
22
2020
Ruling
Court independently found the debt was excepted form discharge based upon the testimonyof the witnesses, and after judging the credibility. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge.
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Podwinski, In re
Oct
19
2020
Ruling
Debtor's motion for judgment on the pleadings as to equitable tolling of Rule 4007(c) wasdenied as creditors were entitled to their day in court to try to meet their burden of provingfacts to support their request for an extension. (Bankr. D. Neb.)
Issue(s)
Determination of Dischargeability of a Debt; Time for Filing Complaint Under §
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:
- 11 U.S.C.
Wigley, In re--Lariat Cos. v. Wigley
Sep
25
2020
Ruling
Bankruptcy court did not err in holding debt nondischargeable where the debtor and herspouse participated in a fraudulent conveyance scheme. (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
Racing Servs., In re--North Dakota ex rel. Stenehjem v. Bala
Sep
16
2020
Ruling
Bankruptcy court erred in ruling that claim assigned to the state was barred by laches aslaches did not apply to tardily-filed claims that were filed in time to permit distribution.(B.A.P. 8th Cir.)
Issue(s)
Distribution of Property of the Estate; Order of Distribution.
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Judge or Jurisdiction information not available
Winters, In re
Sep
15
2020
Ruling
Debtor's motion to dismiss involuntary petition was denied as debtor failed to attend thehearing or present credible evidence clarifying ambiguities and inconsistencies in theevidence. (Bankr. W.D. Mo.)
Issue(s)
Process; Service of Summons, Complaint; Service by First Class Mail; Service
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Frank, In re--Community First Bank v. Frank
Aug
26
2020
Ruling
Request for a declaration regarding the existence of a partnership and to deny a discharge wasdenied as the plaintiff failed to meet its burden of proof. (Bankr. D. Neb.)
Issue(s)
Discharge; Grounds for Denial.
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- 11 U.S.C.
Hitchcock, In re
Aug
14
2020
Ruling
The automatic stay did not apply to actions against real estate not owned by the debtor. (Bankr.D. Neb.)
Issue(s)
Automatic Stay.
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- 11 U.S.C.
Fansteel Foundry Corp., In re--Dooley v. Luxfer MEL Techs.
Aug
07
2020
Ruling
Bankruptcy court's decision that ordinary course of business defense did not apply wasremanded for explanation as to why the court adopted 47 days as the cut-off period. (B.A.P. 8thCir.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Stewart, In re
Jul
31
2020
Ruling
Trustee was entitled to enforcement of turnover where missing insurance proceeds weredeposited in the same account on which cashier's checks converted to cash were drawn. (Bankr.E.D. Ark.)
Issue(s)
Debtor's Duties; Required Acts; Surrender of Property and Recorded Information to
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