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8th circuit

Arregui, In re--Fink v. Arregui

Ruling
Transfer was actually fraudulent as made by debtors with the intent to hinder, delay, ordefraud their creditors. (Bankr. W.D. Mo.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on September 22, 2023 , LexisNexis #1123-092

Veroblue Farms United States, In re

Ruling
Motion to alter or amend order dismissing fraudulent conveyance proceeding denied. (Bankr.N.D. Iowa)
Issue(s)
Fraudulent Transfers and Obligations.

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Commercial opinion summary, case decided on September 19, 2023 , LexisNexis #1123-063

DLB II, LLC, In re

Ruling
Debtor set up for activities that only involved the repair and resale of farm equipment failedto qualify for Chapter 12 relief. (Bankr. N.D. Iowa)
Issue(s)
Definitions; “Farming Operation”.

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Commercial opinion summary, case decided on September 08, 2023 , LexisNexis #1123-001

Robert J. Ambruster, Inc., In re

Ruling
Court refused to reconsider the trustee fee order as the motion failed to present any newevidence or meet the required standard for presenting new evidence. (Bankr. E.D. Mo.)
Issue(s)
New Trials; Amendment of Judgments.

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Commercial opinion summary, case decided on September 01, 2023 , LexisNexis #1023-075

Midtown Dev., LLC, In re

Ruling
Secured creditor's credit bid recognized as highest and best by the court on the creditor’sobjection on being denied the right to bid by the auction company. (Bankr. N.D. Iowa)
Issue(s)
Use, Sale, or Lease of Property; Bids by Secured Creditor.

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Commercial opinion summary, case decided on August 01, 2023 , LexisNexis #0923-061

BDC Grp., Inc., In re

Ruling
It was reasonable for DIP lender to demand, and debtor to offer, avoidance actions as securityfor DIP financing. (Bankr. N.D. Iowa)
Issue(s)
Obtaining Credit.

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Commercial opinion summary, case decided on June 21, 2023 , LexisNexis #0823-052

Rybek Devs., LLC, In re

Ruling
Summary judgment denied on reconsideration as claimants did not have rights in the debtorpartnership's assets. (Bankr. D. Ariz.)
Issue(s)
New Trials; Amendment of Judgments.

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Commercial opinion summary, case decided on June 15, 2023 , LexisNexis #0823-046

Caswell, In re

Ruling
Certain attorney fees incurred in connection with the representation of a mortgage creditor in a Chapter 13 case in which a mortgage was in default were allowed as reasonable. (Bankr. W.D. Mo.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.

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Consumer opinion summary, case decided on May 30, 2023 , LexisNexis #0723-056

Swackhammer, In re--Swackhammer v. Swackhammer

Ruling
Court properly approved modification of debtors' plan as they established a substantial change in circumstances due to their inability to meet their crop yield projections due to a delay in financing. (B.A.P. 8th Cir.)
Issue(s)
Modification of Plan After Confirmation.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 23, 2023 , LexisNexis #0723-069

Paczkowski, In re--Garven v. Paczkowski

Ruling
Creditors were not entitled to summary judgement in nondischargeability proceeding on grounds of embezzlement or larceny as the debtor's conduct could not constitute larceny or embezzlement as a matter of law. (Bankr. D. Minn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on May 22, 2023 , LexisNexis #0723-033