- 11 U.S.C.
Schoneboom, In re
Nov
18
2024
Ruling
Debtor's claimed exemption in machinist tools denied as debtor was not working as a machinist at the time of filing and had not used the tools to generate income in at least 5 years. (Bankr. N.D. Iowa)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Property Exempt Under Federal, State or Local Law.
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- 11 U.S.C.
Clarey, In re
Nov
18
2024
Ruling
Court reasoned that filing a mechanic's lien to perfect a pre-existing lien does not violate the automatic stay. (Bankr. D.S.D.)
Issue(s)
Automatic Stay; Exceptions; Acts to Perfect, Maintain or Continue Perfection of an Interest in Property.
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- 11 U.S.C.
Fawcett, In re--Missouri v. Fawcett
Oct
22
2024
Ruling
State met its burden in showing defendant committed an unfair practice under state law because he should have known of the company's financial demise when making representations to consumers. (Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge.
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:
- 11 U.S.C.
Bennett, In re--HEA Corp. v. Bennett
Oct
01
2024
Ruling
Court found that the debtor knowingly made multiple false written representations of material fact on which plaintiffs reasonably relied and the resulting judgment was excepted from discharge. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge.
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Smith, In re
Sep
30
2024
Ruling
Judicial estoppel barred creditor from litigating his liability for domestic violence against debtor as his current position was clearly inconsistent with prior positions in other non-bankruptcy forums. (Bankr. D. Minn.)
Issue(s)
Allowance of Claims or Interests; Disallowance.
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Anderson, In re--Jensen v. Anderson
Sep
16
2024
Ruling
Motion for default judgment was denied as the record did not suggest debtor’s late filed answer was an intentional delay tactic. (Bankr. D. Minn.)
Issue(s)
Default.
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BDC Grp., Inc., In re
Sep
10
2024
Ruling
Creditor's lien on general intangibles did not extend to post-petition avoidance proceedings. (Bankr. N.D. Iowa)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.
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:
- 11 U.S.C.
Bunn, In re--Nissan Motor Acceptance Co. LLC v. Bunn
Sep
09
2024
Ruling
Chapter 7 debtor's debt to a car dealership lender was excepted from discharge as debtor's actions were unarguably willful and malicious. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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- 11 U.S.C.
McClelland, In re--United States v. McClelland
Sep
05
2024
Ruling
Debt was nondischargeable as debtor obtained Social Security overpayment through false pretenses and with the intent to deceive the SSA. (Bankr. N.D. Iowa)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Shelby, In re
Sep
04
2024
Ruling
Court concluded that a Chapter 7 debtor who has received a discharge may convert to Chapter 13 but the discharge should be set aside upon conversion. (Bankr. E.D. Mo.)
Issue(s)
Conversion; By the Debtor.
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