8th Circuit

Lee v. Regions Bank & Student Loan Guar. Found. (In re Lee)

Before the court was a complaint to determine the dischargeability of a student loan debt that plaintiff debtor owed to defendant creditor.
Ruling: 
Debtor's student loans were deemed dischargeable due to undue hardship since debtor's reasonable expenses greatly exceeded her income.
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In re James

The trustee moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b)(1) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7.
Ruling: 
Filing constituted abuse of chapter 7 since under totality of circumstances debtor did not file in good faith.
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In re Miglia

An attorney who represented the debtors in a prepetition lawsuit filed a secured claim against the estate. The chapter 7 trustee objected to the claim asserting that the estate could not pay attorney's fees and that the attorney failed to perfect his lien.
Ruling: 
Court allowed attorney's claim as unsecured since section 362(a)(4) barred attorney from perfecting by possession postpetition.
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In re Sherrets

Debtors'counsel applied pursuant to 11 U.S.C. § 330 for an additional $1,663 in compensation for additional legal services provided in a chapter 13 case. The trustee objected that the amount requested was excessive.
Ruling: 
Court denied counsel's application for additional compensation.
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Nelson v. TG Collections (In re Nelson)

Plaintiff debtor filed against defendant creditors an adversary complaint seeking a determination that her student loan debt was dischargeable under 11 U.S.C. § 523(a)(8). The matter was tried to the court.
Ruling: 
Student loan debt was deemed nondischargeable since debtor had sufficient monthly income and stable employment to repay loans.
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Hedquist v. Fokkena (In re Hedquist)

Appellant debtors sought review of an order of the Bankruptcy Court for the District of Minnesota, which granted appellee trustee's motion to dismiss their chapter 11 case, pursuant to 11 U.S.C. § 1112(b)(2), based on their inability to effectuate a plan and imposed a 180-day bar, pursuant to 11 U.S.C. § 349, against refiling a chapter 11 case.
Ruling: 
Dismissal was affirmed since debtors were unable to effectuate chapter 11 plan.
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In re Gress

A chapter 13 trustee sought to deny confirmation pursuant to 11 U.S.C. § 1325(b) of a second amended plan proposed by the debtors.
Ruling: 
Trustee's motion to deny confirmation was sustained since plan neither outlined that all projected disposable income be paid for five years to unsecured creditors nor provided that all unsecured claims be paid.
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In re Newby

Creditor, a bank, moved to compel turnover of insurance proceeds paid to cover a total loss of debtors'former residence.
Ruling: 
Oversecured creditor entitled only to insurance proceeds less amount of successful bid at foreclosure after total loss of property.
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In re McGuire

Chapter 13 trustee filed a motion to deny confirmation of debtors'chapter 13 plan, on the grounds that the plan was in violation of 11 U.S.C. § 1325(b).
Ruling: 
Chapter 13 plan was denied confirmation since it proposed repayment period for under 60 months and claimed vehicle ownership expense deduction on vehicle owned free and clear of liens.
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Moon v. Bauer (In re Bauer)

A chapter 7 trustee filed an adversary action against defendant personal representative of debtors'estates seeking turnover of the debtors'life insurance policies proceeds and certain other items pursuant to 11 U.S.C. § 541(a)(5). The representative filed a motion requesting that the proceedings be suspended under 11 U.S.C. § 305 to permit him to administer all of the assets and claims in the probate estates. The trustee opposed the motion.
Ruling: 
Court denied personal representative of debtor's estate motion for abstention under section 305 regarding now deceased debtor's life insurance policy proceeds.
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