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8th circuit

Norwood, In re

Ruling
Real estate agent’s fee denied as unreasonable and attorneys’ fees applications and related administrative expense claims held in abeyance pending further proceedings. (Bankr. W.D. Ark.)
Issue(s)
Compensation of Officers; Determination of Amount.

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Consumer opinion summary, case decided on September 03, 2024 , LexisNexis #1224-027

Jencks, In re--Jencks v. AgVantage FS

Ruling
Debtors could not avoid a judicial lien on alleged homestead property due to their failure to disclose their purchase of and residence in a new property shortly before the petition date resulting in abandonment of the homestead exemption in the liened property. (Bankr. N.D. Iowa)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on August 26, 2024 , LexisNexis #1124-009

Ellison, In re

Ruling
Court conditionally dismissed Chapter 7 case as abusive based on totality of circumstances.(Bankr. E.D. Mo.)
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 August 05, 2024 , LexisNexis #1024-019

Indian Hills Health Care of Sioux City, LLC, Hughes v. Nava Healthcare Grp., LLC

Ruling
Venue was proper as the Chapter 7 trustee's avoidance action arose under the BankruptcyCode. (Bankr. N.D. Iowa)
Issue(s)
Venue of Proceedings Arising Under Title 11 or Arising in or Related to Cases

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Consumer opinion summary, case decided on August 02, 2024 , LexisNexis #1024-023

Wallace, In re

Ruling
Court rejected debtors’ “sovereign citizen” type arguments in granting creditor relief from theautomatic stay. (Bankr. N.D. Iowa)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on August 02, 2024 , LexisNexis #1024-004

Tait, In re

Ruling
State court did not enter a judgment that would give rise to an avoidable judicial lien on realestate. (Bankr. W.D. Ark.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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opinion summary, case decided on July 23, 2024 , LexisNexis #0924-060

Miller, In re

Ruling
Debtor's request to offset the claim with orthodontic expenses paid by her parents was deniedas debtor did not establish mutuality regarding the orthodontic payments. (Bankr. D. Neb.)
Issue(s)
Allowance of Claims or Interests; Disallowance.

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Consumer opinion summary, case decided on July 22, 2024 , LexisNexis #0924-084

Duncanson, In re--Duncanson v. Bank of N.D.

Ruling
Court discharged bank's educational expenses loan due to undue hardship on debtor. (Bankr.N.D. Iowa)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on July 19, 2024 , LexisNexis #0924-065

Bergman, In re

Ruling
Debtors were not prohibited from using the 100% fair market value check box when claimingexemption, provided the trustee could determine the amount of the exemption claimed fromSchedule C and the applicable statute. (Bankr. D. Neb.)
Issue(s)
Exemptions; Types of Exempt Property.

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Consumer opinion summary, case decided on July 18, 2024 , LexisNexis #0924-088

Coffer, In re

Ruling
Court ruled commercial real estate was not part of debtor's bankruptcy estate as debtor'sinterest was limited to LLC membership and not LLC's assets, despite LLC dissolution. (Bankr.E.D. Mo.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on July 17, 2024 , LexisNexis #0924-038