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8th circuit

Legacy Cares, Inc., In re--OVG Facilites, LLC v. Legacy Cares, Inc.

Ruling
Creditor could not obtain turnover of any of the personal property collateral as the securityinterests were unperfected and were defeated by the trustee’s hypothetical lien. (Bankr. D.Ariz.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and

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Commercial opinion summary, case decided on November 21, 2023 , LexisNexis #0124-064

Legacy Cares, Inc., In re--OVG Facilites, LLC v. Legacy Cares, Inc.

Ruling
Creditor could not obtain turnover of any of the personal property collateral as the securityinterests were unperfected and were defeated by the trustee’s hypothetical lien. (Bankr. D.Ariz.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and

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Commercial opinion summary, case decided on November 21, 2023 , LexisNexis #0124-064

Nichols, n re

Ruling
Trustee's objection to creditor's claim on the grounds of abandonment was overruled as thesole grounds for objecting to a claim were set forth in 502(b). (Bankr. E.D. Ark.)
Issue(s)
Allowance of Claims or Interests; Disallowance.

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Consumer opinion summary, case decided on September 27, 2023 , LexisNexis #1223-003

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