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8th circuit

Landin, In re--Ahlgren v. Landin

Ruling
Court avoided debtor's pre-bankruptcy transfer of funds to brother two weeks prior to petitiondate as constructively fraudulent. (Bankr. D. Minn.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on June 11, 2024 , LexisNexis #0824-039

JKW Enters., LLC, In re

Ruling
Court granted trustee's motion to dismiss debtors' bankruptcy case for bad faith as debtorswere unable to meet current expenses and had a negative cash flow. (Bankr. N.D. Iowa)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; When Required.

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Commercial opinion summary, case decided on June 07, 2024 , LexisNexis #0824-041

Mercy Hosp., In re

Ruling
Plan's classification, indemnification, exculpation, and injunction provisions had beennegotiated in good faith and at arm's length. (Bankr. N.D. Iowa)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on June 07, 2024 , LexisNexis #0824-019

Vera T. Welte Testamentary Trust, In re

Ruling
Chapter 12 petition filed by a trust was dismissed as the debtor was an ordinary testamentarytrust, not a business trust, and therefore it was not an eligible debtor. (Bankr. N.D. Iowa)
Issue(s)
Who May Be a Debtor; Chapter 12.

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Commercial opinion summary, case decided on June 03, 2024 , LexisNexis #0824-001

Childers, In re--Barklage v. Childers

Ruling
Court dismissed creditor's non-dischargeability claims for lack of factual allegations showingdebtors' fraudulent intent and failure to specify written financial statements relied upon.(Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.

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Consumer opinion summary, case decided on May 31, 2024 , LexisNexis #0824-013

Williams, In re--Williams v. Baptist Health

Ruling
Prepetition lien securing attorneys’ fee award was an avoidable preferential transfer. (Bankr.E.D. Ark.)
Issue(s)
Preferences; Avoidable Transfers.

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Consumer opinion summary, case decided on May 30, 2024 , LexisNexis #0824-017

Lovett, In re

Ruling
Deadline to file a complaint seeking to except a debt from discharge had passed and it couldnot be extended after the fact. (Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge; Automatic Discharge of Certain Debts Absent Creditor

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Consumer opinion summary, case decided on May 21, 2024 , LexisNexis #0724-090

Farhat, In re--Stermer v. United States

Ruling
Trustee did not adequately plead constructively fraudulent transfer as the complaint did notinclude any factual allegations related to "reasonably equivalent value" for the tax payments.(Bankr. D. Minn.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on May 14, 2024 , LexisNexis #0724-060

Sczepanski, In re

Ruling
Debtors' Chapter 7 case was subject to dismissal for abuse as tax liens should not have beenfactored into the means test. (Bankr. D. Minn.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

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Consumer opinion summary, case decided on April 12, 2024 , LexisNexis #0624-096

DynoTec, Indus., In re

Ruling
Subchapter V trustee's application for compensation was denied as the trustee's postconfirmation duties were limited to express statutory duties. (Bankr. D. Minn.)
Issue(s)
Trustee; Duties; Under § 704(a)(2), (5), (6), (7) and (9).

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Commercial opinion summary, case decided on April 05, 2024 , LexisNexis #0624-047