Judge Pappas

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

Ruling: 
Adversary proceeding dismissed as defendant as an agency of the United States governmentcould not be sued absent either a waiver of sovereign immunity or its consent. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on May 01,2020, LexisNexis #0620-052

Hawkes, n re

Ruling: 
Creditor's complaint seeking an exception of its debt from discharge was dismissed as theallegations of fraud were not pled with sufficient particularity. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on March 10,2020, LexisNexis #0420-060

Windy Butte Reclamation Facility, LLC, In re

Ruling: 
Court concluded that the § 330(a)(7) commission approach to trustee compensation was notapplicable as prepetition unsecured creditors will enjoy no meaningful financial benefit fromher services. (Bankr. D. Mont.)
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Commercial case opionion summary, case decided on May 16,2018, LexisNexis #0618-065

Anderson, In re--Rainsdon v. Anderson

Ruling: 
Court revoked debtors' discharge for refusing to obey turnover order. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-018

Power, In re--Rainsdon v. Am. First Federal Credit Union

Ruling: 
Trustee could avoid transfer of security interest where court determined that the exchange was not in fact substantially contemporaneous. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on April 18,2018, LexisNexis #0518-116

Roman Catholic Bishop of Great Falls, In re

Ruling: 
Court had independent duty to review the reasonableness of the interim compensation requested, despite the absence of an objecting party. (Bankr. D. Mont.)
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Commercial case opionion summary, case decided on March 08,2018, LexisNexis #0418-031

Cummings, In re

Ruling: 
Court granted debtors' former attorneys' application for compensation as it was reasonable inlight of the complexity of the issues in the chapter 12 case. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on February 23,2018, LexisNexis #0418-004

Nebeker, In re--Hopkins v. Nebeker

Ruling: 
Debtor's discharge denied after trustee showed that debtor was aware of a turnover order andknowingly refused to comply with its terms. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on February 06,2018, LexisNexis #0318-079

1910 Partners, In re--1910 Partners v. Ass'n of Apt. Owners of Canterbury Place

Ruling: 
Debtors were not entitled to claim federal exemptions as during the relevant 180-day period of their petition, debtors where domiciled in North Dakota.
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Commercial case opionion summary, case decided on January 10,2017, LexisNexis #0218-071

McConkey, In re

Ruling: 
Trustee's partial payment of estate funds to her lawyers and accountants were not improper as the trustee was not required to give notice to the debtors nor obtain additional bankruptcy court approval beyond the prior court authorization.. (Bankr. D. Mont.)
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Consumer case opionion summary, case decided on December 07,2017, LexisNexis #0118-041

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