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8th Circuit

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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Thompson-Rossbach v. Doeling (In re Thompson-Rossbach)

Citation: 
No. 15-6012 (8th Cir. B.A.P. Dec. 2, 2015).
Ruling: 
Trust distributions that had become fully alienable and were no longer protected by spendthrift provisions were not excluded from the bankruptcy estate by § 541(c)(2) and were therefore available for distribution by the trustee to creditors. Affirmed.
Judge(s): 
Schermer, Saladino, and Nail.
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Dittmaier v. Sosne (In re Dittmaier)

Citation: 
Dittmaier v. Sosne (In re Dittmaier), Case No. 15-1340 (8th Cir. November 17, 2015)
Ruling: 
Missouri Revised Statue section 513.430.1(10)(a), providing for an exemption in the "right to receive . . . a public assistance benefit", is not applicable to public assistance benefits in the possession of the debtor. Public assistance benefits received by ...
Judge(s): 
Wollman, Bright and Colloton
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Curtis v. Segraves (In re Segraves)

Citation: 
Curtis v. Segraves (In re Segraves), Case No 15-6021 (8th Cir. B.A.P. November 30, 2015)
Ruling: 
Section 109 does not require a debtor to sign a statement of credit counseling under penalty of perjury, only to file a certificate from an approved agency that provided the debtor with the required services.
Judge(s): 
Kressel, Saladino, and Shodeen
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