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Circuit Court

Adams, In re

Ruling
Bankruptcy court lifted automatic stay after finding repeated filings aimed at blocking foreclosure and upholding validity of state court judgment. (3d Cir.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on September 03, 2025 , LexisNexis #1125-028

Congoleum Corp., In re

Ruling
Creditor’s claims were barred as confirmation order constituted final judgment and satisfied due process. (3d Cir.)
Issue(s)
Effect of Confirmation; Parties Bound by Confirmed Plan.

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Commercial opinion summary, case decided on August 22, 2025 , LexisNexis #1125-022

Smith, In re--Smith v. Gooding

Ruling
Dismissal of debtor’s case for failure to appear affirmed but one-year refiling bar was reversed as an abuse of discretion. (8th Cir.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on August 12, 2025 , LexisNexis #1025-045

Duncanson, In re--Duncanson v. Bank of N.D.

Ruling
Undue hardship discharge of debtor’s student loans granted based on debtor’s limited income, unconventional work history, and inflexible loan terms. (8th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on August 12, 2025 , LexisNexis #1025-038

Jencks, In re--Jencks v. AgVantage FS

Ruling
Homestead exemption was presumptively valid where prepetition deed of sale was not recorded until after the petition date and debtors listed the property as their residence. (8th Cir.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on August 12, 2025 , LexisNexis #1025-033

TL90108 LLC v. Ford

Ruling
Creditor barred from filing late nondischargeability complaint based on fraud as equitable tolling did not apply. (11th Cir.)
Issue(s)
Determination of Dischargeability of a Debt; Time for Filing Complaint Under § 523in a Chapter 7 Liquidation, Chapter 11 Reorganization, Chapter 12 Family Farmer’s Debt Adjustment Case, or Chapter 13 Individual’s Debt Adjustment Case; Notice of Time Fixed.

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Commercial opinion summary, case decided on August 11, 2025 , LexisNexis #1025-049

Watson, In re--Watson v. Bradsher

Ruling
False imprisonment judgment against county commissioner held nondischargeable due to willful and malicious abuse of authority. (11th Cir.)
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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Consumer opinion summary, case decided on August 04, 2025 , LexisNexis #1025-035

HH Tech. Corp., In re--PCC Rokita, S.A. v. HH Tech. Corp.

Ruling
Dismissal of involuntary case upheld as it was brought by only two petitioning creditors and the bankruptcy court acted properly by setting a deadline for creditors to join the petition. (1st Cir.)
Issue(s)
Involuntary Cases.

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Commercial opinion summary, case decided on July 24, 2025 , LexisNexis #0925-079

White, In re--Shiroma v. Wardley

Ruling
Indirect-benefit rule did not apply to transfer since, even if it did apply, the value received was still reasonably equivalent to the obligation incurred. (10th Cir.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent of Trustee’s Avoidance Powers; Trustee’s Avoidance Powers as Unsecured Creditor.

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Consumer opinion summary, case decided on July 22, 2025 , LexisNexis #0925-090

2 Monkey Trading, LLC, In re--Benshot LLC v. 2 Monkey Trading, LLC

Ruling
Punitive damages award against corporate Subchapter V debtor could be held nondischargeable. (11th Cir.)
Issue(s)
Discharge; Nondischargeable Debt.

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Commercial opinion summary, case decided on July 09, 2025 , LexisNexis #0925-042