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8th Circuit

Hurst v. Southern Arkansas University (In re Hurst)

Citation: 
Hurst v. Southern Arkansas University (Case No. 15-6031, July 19, 2016)
Ruling: 
The bankruptcy court did not err in holding that the debtor did not meet her burden of proving that repayment of her student loan would impose an undue hardship on her.
Judge(s): 
Federman, Saladino, Shodeen (dissenting)
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Walton, Jr. v. Steward (In re Steward)

Citation: 
Walton, Jr. v. Steward (In re Steward), 2016 WL 3629028 (8th Cir. July 7, 2016)
Ruling: 
Discovery sanction and order directing disgorgement of fees paid to debtor's counsel was affirmed.
Judge(s): 
Loken, Gruender, and Kelly
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Nelson v. Midland Credit Management, Inc.

Citation: 
Nelson v. Midland Credit Management, Inc., Case No. 15-2984 (8th Cir. 2016)
Ruling: 
The filing of an accurate and complete proof of claim on a time-barred debt is not false, deceptive, misleading, unfair, or unconscionable under the FDCPA.
Judge(s): 
Wollman, Benton, Shepherd
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State of Missouri, Department of Social Services v. Spencer (In re Spencer)

Citation: 
State of Missouri, Department of Social Services v. Spencer (In re Spencer), Case No. 15-6030 (8th Cir. B.A.P. June 13, 2016)
Ruling: 
Chapter 13 discharge injunction under sections 523(a)(5) and 1328(a) does not apply to domestic support obligations, including domestic support obligations disallowed under section 502.
Judge(s): 
Kressel, Saladino, and Nail
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Opportunity Finance, LLC, et al. v. Kelley

Citation: 
Opportunity Finance, LLC, et al. v. Kelly, Case No. 15-2060 (8th Cir. May 16, 2016)
Ruling: 
The harm suffered by the net winners/lenders by the consolidation order, if any, was indirect and therefore they were not persons aggrieved. Therefore, the lenders/net winners lacked standing to appeal the consolidation order and the dismissal of the appeal ...
Judge(s): 
Smith, Bye, Benton
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Rent-A-Center East, Inc. v. Leonard (In re WEB2B Payment Solutions, Inc.)

Citation: 
Rent-A-Center East, Inc. v. Leonard (In re WEB2B Payment Solutions, Inc.), Case No. 14-3190
Ruling: 
The court held that: (1) all proceeds from the debtor's bank account from its automated clearinghouse and electronic-check conversion services to Rent-A-Center East, Inc. ("RAC") were bankruptcy estate property under Section 541(a), (2) no express trust or resulting trust was ...
Judge(s): 
Smith, Bye, and Benton
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O&S Trucking, Inc. v. Mercedes Benz Financial Services, USA (In re O&S Trucking, Inc.)

Citation: 
No. 15-2048 (8th Cir. Jan. 22, 2016).
Ruling: 
Bankruptcy Appellate Panel correctly dismissed as moot debtor’s appeal from order confirming chapter 11 plan, where debtor had not objected to its plan prior to confirmation. Affirmed.
Judge(s): 
Colloton, Gruender, and Shepherd.
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CRP Holdings, A-1, LLC v. O'Sullivan (In re O'Sullivan)

Citation: 
No. 15-6020 (8th Cir. B.A.P. Jan. 19, 2016).
Ruling: 
BAP affirmed bankruptcy court's finding that 522(f)(1) permits a debtor to avoid any judicial lien, including inchoate and unenforceable lien, that "fixes" upon exempt property.
Judge(s): 
Kressel, Schermer, and Nail.
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Conway v. National Collegiate Trust, et al. (In re Conway)

Citation: 
No. 15-6029 (8th Cir. B.A.P. Dec. 21, 2015).
Ruling: 
Bankruptcy court did not abuse its discretion in concluding that some, but not all, of a debtor’s student loans were nondischargeable. Affirmed.
Judge(s): 
Kressel, Saladino, and Shodeen.
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Home Service Oil Company v. Cecil (In re Cecil)

Citation: 
Home Service Oil Company v. Cecil (In re Cecil), No. 15-6026 (BAP 8th Cir. Dec. 28, 2015)
Ruling: 
The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court (E.D. Mo.) in denying the discharge of a chapter 7 debtor based on the individual's failure to disclose a number of assets and prepetition transfers. Notwithstanding ...
Judge(s): 
Federman, Saladino, Shodeen
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