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8th circuit

Mattes, In re--Overcash v. Bank of Dixon Cnty.

Ruling
Bank's post-petition notation of its lien on certificate of title was avoidable as an unauthorizedpost-petition transfer. (Bankr. D. Neb.)
Issue(s)
Post-petition Transactions; Trustee’s Power to Avoid Transfers.

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Consumer opinion summary, case decided on June 08, 2022 , LexisNexis #0822-017

Leaver, In re

Ruling
Pre-petition agreement for the sale of the debtor's home was executory under federalbankruptcy law where the home buying company had not tendered or paid the purchase price.(Bankr. D. Neb.)
Issue(s)
Executory Contracts and Unexpired Leases.

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Consumer opinion summary, case decided on May 25, 2022 , LexisNexis #0722-058

Siegle, In re

Ruling
Post-petition agreements were void as they made statements that were untrue and misleadingand constituted misrepresentations about the applicant's services. (Bankr. D. Minn.)
Issue(s)
Restrictions on Debtor Relief Agencies.

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Consumer opinion summary, case decided on May 19, 2022 , LexisNexis #0722-065

Hylle, In re--Farm Credit Servs. of Am., PCA v. Hylle

Ruling
Servicer's claims dismissed as it failed to prove the debtors maliciously injured servicer bytheir conduct. (Bankr. E.D. Ark.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on April 21, 2022 , LexisNexis #0622-057

Gibbs, In re--Casamatta v. Gibbs

Ruling
Debt was not nondischargeable where the evidence supported a lack of fraudulent intent toomit information or make a false oath. (Bankr. W.D. Mo.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property.

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Consumer opinion summary, case decided on April 13, 2022 , LexisNexis #0622-042

Simply Essentials, LLC, In re

Ruling
Trustee's proposed settlement and sale of causes of action was supported by the record. (Bankr.N.D. Iowa)
Issue(s)
Compromise and Arbitration; Authority to Compromise or Settle Controversies

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Commercial opinion summary, case decided on April 05, 2022 , LexisNexis #0522-100

Buehler, In re--Schnittjer v. Buehler

Ruling
Trustee could not recover debtor's lease payment as it satisfied the ordinary course of businessexception. (Bankr. N.D. Iowa)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business;

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Consumer opinion summary, case decided on March 21, 2022 , LexisNexis #0522-062

Gibbs, In re--Casamatta v. Gibbs

Ruling
Creditors' motion to dismiss properly denied as neither the timing of the filing of the petitionnor the mistaken decision to seek relief under Chapter 13 instead of Chapter 11 wereindicative of unfair manipulation. (B.A.P. 9th Cir.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on March 14, 2022 , LexisNexis #0522-023

Wigington, In re

Ruling
Debtor's motion to avoid the judgment lien on her home was denied as she did not meet herburden to establish a lesser value. (Bankr. D. Neb.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on March 02, 2022 , LexisNexis #0422-059

Steiner, In re

Ruling
Debtor was barred from filing a bankruptcy petition for a period of one year as she had notproceeded in good faith but had used the bankruptcy filing to avoid being evicted and toavoid paying a creditor. (Bankr. W.D. Mo.)
Issue(s)
Power of Court.

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Consumer opinion summary, case decided on February 10, 2022 , LexisNexis #0422-002