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8th circuit

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

Baur, In re

Ruling
Court could not conclude that law firm’s inaccurate description of its services equated to amisrepresentation. (Bankr. E.D. Mo.)
Issue(s)
Restrictions on Debtor Relief Agencies; Restricted Actions; Misrepresentations.

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Consumer opinion summary, case decided on March 29, 2024 , LexisNexis #0624-010

Armstrong, In re

Ruling
Five state court judgments in favor of debtor’s spouse were domestic support obligationsentitled to priority status. (Bankr. E.D. Ark.)
Issue(s)
Allowance of Claims or Interests; Objections.

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Consumer opinion summary, case decided on March 18, 2024 , LexisNexis #0524-059

Ewert, In re--Ewert v. United States Dep't of Educ.

Ruling
Venue was improper where debtor did not reside in the district for 180 days prior to filing.(Bankr. N.D. Iowa)
Issue(s)
Venue of Cases Under Title 11.

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Consumer opinion summary, case decided on March 18, 2024 , LexisNexis #0524-074

Kelly, In re

Ruling
Objection to creditor’s claim, which it sought to be excepted from discharge, sustained ascreditor failed to prove the underlying debt. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on January 30, 2024 , LexisNexis #0324-086

Burg, In re

Ruling
Debt was nondischargeable as he acted with fraudulent intent in transferring, removing,destroying, and concealing his company's assets and business/financial records.(Bankr. D. Minn.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property.

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Consumer opinion summary, case decided on December 29, 2023 , LexisNexis #0224-091

Rouse, In re--Brown v. Rouse

Ruling
Debtors were entitled to discharge absent evidence of theft, larceny, or embezzlement. (Bankr.W.D. Ark.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on December 14, 2023 , LexisNexis #0224-038

Rivas, In re

Ruling
Co-debtor was appointed as guardian ad litem for a debtor solely for the purposes of thebankruptcy case. (Bankr. E.D. Mo.)
Issue(s)
Who May Be a Debtor.

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Consumer opinion summary, case decided on December 12, 2023 , LexisNexis #0224-001