Bankruptcy Appellate Panel

Benitez, In re

Ruling: 
Court properly dismissed debtor's Chapter 13 case as void as filing the case violated theautomatic stay in his Chapter 7 case. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on February 04,2020, LexisNexis #0320-053

Dan Mazzola, Inc., In re--Rockne's Inc. v. Dan Mazzola, Inc.

Ruling: 
Court properly denied motion to dismiss the case as the franchise agreement had not beensuccessfully terminated pre-petition. (B.A.P. 6th Cir.)
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Commercial case opionion summary, case decided on January 28,2020, LexisNexis #0320-003

Vertullo, In re--U.S. Bank N.A. v. Vertullo

Ruling: 
Plan including debtor's expired right to cure pre-petition default could not be confirmed.(B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on January 10,2020, LexisNexis #0220-072

Black, In re--Black v. Leavitt

Ruling: 
Bankruptcy court erred in confirming modified plan requiring debtor to turn over to trusteeany excess in sale proceeds specified in the original plan. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on December 31,2019, LexisNexis #0220-048

Perez, In re

Ruling: 
Debtor's discharge was denied as he intentionally failed to disclose assets and income to avoidcollection of the judgment against him. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on December 30,2019, LexisNexis #0220-018

Sawyers, In re--David G. Waltrip, LLC v. Sawyers

Ruling: 
Creditor's judicial lien was avoided to the extent it impaired exemptions based on the propertyvalue as of the petition date. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on December 19,2019, LexisNexis #0220-007

Doughty, In re

Ruling: 
Court dismissed debtor's request for relief from violations of the automatic stay as the stay didnot apply to domestic support obligations. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on December 17,2019, LexisNexis #0120-077

Heyl, In re

Ruling: 
Bankruptcy court did not abuse its discretion in holding that appellants failed to demonstrateexcusable neglect for late filing of a notice of appeal. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on November 26,2019, LexisNexis #0120-042

Donnadio, In re--Santander Consumer USA Inc. v. Donnadio

Ruling: 
Court erred in confirming debtors' plan as it did not include a nonstandard plan provision thataddressed a creditor's lien retention. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on November 25,2019, LexisNexis #0120-023

QDOS, Inc., In re--Hayden v. QDOS, Inc.

Ruling: 
Court erred in dismissing involuntary Chapter 11 petition based on insufficiency in thenumber of petitioning creditors without allowing opportunity for joinder to all creditors.(B.A.P. 9th Cir.)
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Commercial case opionion summary, case decided on November 07,2019, LexisNexis #1219-052

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