Bankruptcy Appellate Panel

Bennett, In re--Paddock, LLC v. Bennett

Ruling: 
Court found that the debtors' manufactured home was personal property as the ground leasedid not clearly establish the intent to make the home a permanent accession to the real estateunder state law. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on February 28,2019, LexisNexis #0419-031

Marshall, In re

Ruling: 
Court affirmed dismissal of debtor's case as she failed to provide proof of receiving creditcounselling within the 180 days before she filed her bankruptcy petition. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on February 28,2019, LexisNexis #0419-025

U.S. Tommy, Inc., In re

Ruling: 
Court did not abuse its discretion in dismissing Chapter 11 case due to debtor's failure tomake progress towards reorganization. (B.A.P. 6th Cir.)
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Commercial case opionion summary, case decided on March 22,2019, LexisNexis #0519-071

Wohleber, In re--Wohleber v. Skurko

Ruling: 
Order finding no stay violation occurred vacated where debtor's former wife and her attorneyhad duty to take affirmative action to prevent the use of sentencing hearing and debtor'sconfinement to coerce payment of dischargeable property settlement. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on March 04,2019, LexisNexis #0519-004

McCormick, In re

Ruling: 
Creditors' email seeking information from debtor was not a violation of the automatic stay. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on December 26,2018, LexisNexis #0219-076

Bell, In re

Ruling: 
Bankruptcy court did not err in applying issue preclusion to district court's fraud judgment,resulting in its determination that the debt owed to the judgment creditor was nondischargeable.(B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on December 13,2018, LexisNexis #0119-075

De Jesus Gomez, In re--Aldana v. Stadtmueller

Ruling: 
Debtor could not claim an exemption in the vehicle under § 522(g)(1)(A) as the trustee avoidedthe voluntary transfer. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on October 25,2018, LexisNexis #0119-009

Page, In re--Page v. JP Morgan Chase Bank

Ruling: 
Judgment reversed as bankruptcy court's broad construction of the term "funded" wasinconsistent with Congress' intent that exceptions to discharge be narrowly construed. (B.A.P.8th Cir.)
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Consumer case opionion summary, case decided on November 20,2018, LexisNexis #0119-015

Lane, In re--Bank of New York Mellon v. Lane

Ruling: 
Court reversed judgment voiding creditor's first-position lien where the lien remained against the property notwithstanding the final determination that the creditor could not enforce it. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on September 19,2018, LexisNexis #1118-039

Caesars Entm't Operating Co., In re--Moti Partners, LLC v. Desert Palace, Inc.

Ruling: 
Remand order that was based on the grounds set forth in 28 U.S.C. § 1447(c) was not reviewable even if the claims at issue were removed. (B.A.P. 9th Cir.)
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Commercial case opionion summary, case decided on August 20,2018, LexisNexis #1018-059

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