Caswell, In re
May
30
2023
Ruling
Certain attorney fees incurred in connection with the representation of a mortgage creditor in a Chapter 13 case in which a mortgage was in default were allowed as reasonable. (Bankr. W.D. Mo.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
:
- 11 U.S.C.
Swackhammer, In re--Swackhammer v. Swackhammer
May
23
2023
Ruling
Court properly approved modification of debtors' plan as they established a substantial change in circumstances due to their inability to meet their crop yield projections due to a delay in financing. (B.A.P. 8th Cir.)
Issue(s)
Modification of Plan After Confirmation.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Paczkowski, In re--Garven v. Paczkowski
May
22
2023
Ruling
Creditors were not entitled to summary judgement in nondischargeability proceeding on grounds of embezzlement or larceny as the debtor's conduct could not constitute larceny or embezzlement as a matter of law. (Bankr. D. Minn.)
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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Court
:
- 11 U.S.C.
Perry, In re--Perry v. Perry
May
12
2023
Ruling
Judgment debt was excepted from discharge as all elements of the claim had been established in small claims litigation or conceded in the current proceeding. (Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts in Connection with Divorce or Separation.
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Court
:
- 11 U.S.C.
Goetz, In re--Goetz v. Weber
Apr
18
2023
Ruling
Bankruptcy court correctly concluded that post-petition, preconversion, nonexempt equity resulting from market appreciation and payments toward a mortgage lien accrued for the benefit of the bankruptcy estate upon conversion. (B.A.P. 8th Cir.)
Issue(s)
Effect of Conversion.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Kelly, In re
Apr
11
2023
Ruling
Debtor properly claimed the bankruptcy exemption for retirement funds after rolling over funds from a deceased spouse's individual retirement account into other IRAs. (Bankr. N.D. Iowa)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Retirement Funds.
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Court
:
- 11 U.S.C.
Simply Essentials, LLC, In re
Apr
11
2023
Ruling
Trustee was not able to sell the lawsuit asset that had been sold previously pursuant to asset purchase agreement. (Bankr. N.D. Iowa)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing; Not in the Ordinary Course of Business.
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Court
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Shoults, In re
Mar
31
2023
Ruling
Debtors were not allowed to exempt an unliquidated, contingent cause of action where the state had opted out of the federal scheme and not announced any new exemptions. (Bankr. E.D. Mo.)
Issue(s)
Exemptions; Types of Exempt Property.
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Court
:
- 11 U.S.C.
Obstetric & Gynecologic Assocs. of Iowa City & Coralville, P.C., In re
Mar
29
2023
Ruling
Motion to dismiss Chapter 11 case granted as the debtor's filing was not undertaken in good faith but was instead undertaken to serve self-interests of the debtor and its malpractice insurer. (Bankr. S.D. Iowa)
Issue(s)
Conversion or Dismissal.
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Court
:
- 11 U.S.C.
Yount, In re
Mar
24
2023
Ruling
Bankruptcy judge's order rescheduling the trial of the adversary proceeding could not reasonably be interpreted as modifying the discharge injunction as to the negligence claim. (Bankr. E.D. Mo.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Court
: