Lewis, In re
Feb
04
2022
Ruling
Bankruptcy court granted debtors' motion for sanctions as the creditor's attorney's assertion inthe response was the definition of unwarranted facts supporting a frivolous claim. (Bankr.W.D. Ark.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of
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Lewis, In re--Jewell v. Lewis
Feb
04
2022
Ruling
Creditors' objection to the discharge of state court judgment was denied as the jury findingsdid not provide collateral estoppel effect for individuals. (Bankr. W.D. Ark.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Smith, In re--Smith v. Bro. Loan & Fin. Co.
Jan
28
2022
Ruling
Debtor’s final payment to a creditor under a garnishment was an avoidable preference. (Bankr.E.D. Mo.)
Issue(s)
Preferences; Exceptions to Avoidance; Certain Consumer Debts.
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Court
:
- 11 U.S.C.
Koziel, In re--Koziel v. Shellpoint Mortg. Servicing
Dec
29
2021
Ruling
Debtors could strip off the wholly unsecured junior lien for the purposes of the Chapter 13plan as there was no equity securing the security interest in the property. (Bankr. D. Neb.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
Westerby, In re--Paulsen v. Westerby
Dec
22
2021
Ruling
Debt owed for breach of a consignment agreement to sell an owner's boat was notnondischargeable where debtor actively marketed the consigned boat and reasonably believedhe was authorized to sell the boat for $5,000. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
- 11 U.S.C.
Topp's Mech., In re
Nov
23
2021
Ruling
Plan's treatment of a bank's election to have its under-secured claim treated as secured was notfair and equitable to the unsecured creditor class. (Bankr. D. Neb.)
Issue(s)
Confirmation of Plan; Rule of Construction; Requirements as of Effective Date of
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Court
:
- 11 U.S.C.
Simons, In re--Nationwide Judgment Recovery, Inc. v. Simons
Nov
09
2021
Ruling
Summary judgment of nondischargeability denied as plaintiff failed to demonstrate that thetransactions at issue were in connection with the purchase or sale of securities. (Bankr. D.Minn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debt Relating to Securities
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Court
:
- 11 U.S.C.
Racing Servs., In re--North Dakota v. Bala
Nov
04
2021
Ruling
Bankruptcy court did not err in sustaining a creditor's objection to an insufficiently describedstatutory claim filed by state seeking to prevent the creditor and the debtor from retainingsettlement proceeds. (B.A.P. 8th Cir.)
Issue(s)
Distribution of Property of the Estate.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
W. Robidoux, Inc., In re
Oct
21
2021
Ruling
Debtor's law firm was entitled to fees and expenses as the firm established its services andexpenses were actual and necessary and its fees are reasonable. (Bankr. W.D. Mo.)
Issue(s)
Compensation of Officers.
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Moore, In re
Oct
14
2021
Ruling
Proof of claim filed one year and seven months after the 70-day deadline was time barred.(Bankr. N.D. Iowa)
Issue(s)
Filing Proof of Claim or Interest; Time for Filing.
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