- 11 U.S.C.
Jonesboro Tractor Sales, Inc., In re
Jul
22
2020
Ruling
Agreements with creditor were not a contract to make a loan or extend debt financing accommodations for the benefit of debtor and were assumable. (Bankr. E.D. Ark.)
Issue(s)
Executory Contracts and Unexpired Leases; When Trustee May Not Assume or Assign; Loans, Financing and Securities.
ABI Membership is required to access the full summary of Jonesboro Tractor Sales, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
( Judge Jones ) [ Bankruptcy Court ]
- FRBP
Nicolaus, In re--Nicolaus v. United States
Jul
06
2020
Ruling
Court reversed the order that debtor had to object to a proof of claim by serving it on the Attorney General as Rule 3007 states that objection only had to be mailed to the claimant. (8th Cir.)
Issue(s)
Objections to Claims.
ABI Membership is required to access the full summary of Nicolaus, In re--Nicolaus v. United States Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
( Judge Stras ) [ Court of Appeal ]
- 11 U.S.C.
Walker, In re--Muldoon v. Walker
May
18
2020
Ruling
Debt could not be excepted from discharge as there was no evidence as to whatrepresentations the debtor had made to the creditor and what her intent was in making thoserepresentations. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.
ABI Membership is required to access the full summary of Walker, In re--Muldoon v. Walker Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Boisaubin, In re--Boisaubin v. Blackwell
May
14
2020
Ruling
Order affirmed where bankruptcy court properly held that claim was property of the MissouriBankruptcy estate. (B.A.P. 8th Cir.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.
ABI Membership is required to access the full summary of Boisaubin, In re--Boisaubin v. Blackwell Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Reed, In re--Bitner v. Reed
May
05
2020
Ruling
Guardian ad litem fees excepted from discharge where debt relating to amounts owed toplaintiff were in the nature of a child support obligation. (Bankr. W.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.
ABI Membership is required to access the full summary of Reed, In re--Bitner v. Reed Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Stillmunkes, In re--Bushman Custom Farming, LLC v. Stillmunkes
Apr
30
2020
Ruling
Abstention was warranted under § 1334(c)(1) as the possible impact on the estate was smalland the case was not a core bankruptcy proceeding. (Bankr. N.D. Iowa)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
ABI Membership is required to access the full summary of Stillmunkes, In re--Bushman Custom Farming, LLC v. Stillmunkes Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Ely, In re
Apr
29
2020
Ruling
Motion to dismiss debtor's Chapter 13 bankruptcy case was granted as debtor had presentedno evidence of bad faith on the creditor's part, nor of prejudice he had suffered as a result ofthe timing of the motion. (Bankr. W.D. Mo.)
Issue(s)
Conversion or Dismissal.
ABI Membership is required to access the full summary of Ely, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Devries, In re
Apr
28
2020
Ruling
Chapter 12 debtors with capital gains tax could obtain a refund of withheld income taxes tothe bankruptcy estate. (Bankr. N.D. Iowa)
Issue(s)
Claim by a Governmental Unit Based on the Disposition of Property Used in a Farming
ABI Membership is required to access the full summary of Devries, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Freed, In re
Apr
24
2020
Ruling
Debtor could not claim homestead exemption since the mortgage specifically allowed for thehomestead to be liable for the debts. (Bankr. N.D. Iowa)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
ABI Membership is required to access the full summary of Freed, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Merchant, In re--Kohn v. Merchant
Mar
31
2020
Ruling
Chapter 7 debtor's obligation pursuant to a $1 million promissory note to creditors wasexcepted from his discharge as debtor obtained the loan using a written statement thatcontained false representations. (Bankr. C.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.
ABI Membership is required to access the full summary of Merchant, In re--Kohn v. Merchant Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: