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8th circuit

Perry, In re--Perry v. Perry

Ruling
Judgment debt was excepted from discharge as all elements of the claim had been established in small claims litigation or conceded in the current proceeding. (Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts in Connection with Divorce or Separation.

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Consumer opinion summary, case decided on May 12, 2023 , LexisNexis #0723-010

Goetz, In re--Goetz v. Weber

Ruling
Bankruptcy court correctly concluded that post-petition, preconversion, nonexempt equity resulting from market appreciation and payments toward a mortgage lien accrued for the benefit of the bankruptcy estate upon conversion. (B.A.P. 8th Cir.)
Issue(s)
Effect of Conversion.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 18, 2023 , LexisNexis #0723-053

Kelly, In re

Ruling
Debtor properly claimed the bankruptcy exemption for retirement funds after rolling over funds from a deceased spouse's individual retirement account into other IRAs. (Bankr. N.D. Iowa)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Retirement Funds.

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Consumer opinion summary, case decided on April 11, 2023 , LexisNexis #0623-031

Simply Essentials, LLC, In re

Ruling
Trustee was not able to sell the lawsuit asset that had been sold previously pursuant to asset purchase agreement. (Bankr. N.D. Iowa)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing; Not in the Ordinary Course of Business.

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Commercial opinion summary, case decided on April 11, 2023 , LexisNexis #0623-028

Shoults, In re

Ruling
Debtors were not allowed to exempt an unliquidated, contingent cause of action where the state had opted out of the federal scheme and not announced any new exemptions. (Bankr. E.D. Mo.)
Issue(s)
Exemptions; Types of Exempt Property.

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Consumer opinion summary, case decided on March 31, 2023 , LexisNexis #0523-086

Obstetric & Gynecologic Assocs. of Iowa City & Coralville, P.C., In re

Ruling
Motion to dismiss Chapter 11 case granted as the debtor's filing was not undertaken in good faith but was instead undertaken to serve self-interests of the debtor and its malpractice insurer. (Bankr. S.D. Iowa)
Issue(s)
Conversion or Dismissal.

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Commercial opinion summary, case decided on March 29, 2023 , LexisNexis #0523-070

Yount, In re

Ruling
Bankruptcy judge's order rescheduling the trial of the adversary proceeding could not reasonably be interpreted as modifying the discharge injunction as to the negligence claim. (Bankr. E.D. Mo.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.

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Consumer opinion summary, case decided on March 24, 2023 , LexisNexis #0523-064

Advanced Tissue, LLC, In re

Ruling
Automatic stay did not prevent the Centers for Medicare & Medicaid Services from recouping a portion of the Medicare overpayments made to the debtor against frozen funds. (Bankr. E.D. Ark.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.

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Commercial opinion summary, case decided on March 16, 2023 , LexisNexis #0523-039

Advanced Tissue, LLC, In re

Ruling
Automatic stay did not prevent the Centers for Medicare & Medicaid Services from recouping a portion of the Medicare overpayments made to the debtor against frozen funds. (Bankr. E.D. Ark.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.

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Commercial opinion summary, case decided on March 16, 2023 , LexisNexis #0523-039

Dedrick, In re--Kelly v. McDonald

Ruling
Plaintiff established the elements to avoid and set aside a transfer to defendant as debtor testified she paid defendant for back rent and there was a financial trail. (Bankr. D. Neb.)
Issue(s)
Preferences; Avoidable Transfers.

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Consumer opinion summary, case decided on February 23, 2023 , LexisNexis #0423-063