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Summaries by Elizabeth Gunn
- Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
- 9 years 7 months ago
- 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
- Tag(s):
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- Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
- 9 years 8 months ago
- 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
- Tag(s):
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- Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
- 9 years 9 months ago
- 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...
- Judge(s):
- Smith, Bye, Benton
- Tag(s):
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- Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
- 9 years 11 months ago
- Citation:
- Arnold, et al. v. Arnold (In re Arnold), Case No. CO-15-031 (10th Cir. B.A.P. March 15, 2016) (unpublished)
- Ruling:
- The bankruptcy court was not bound to apply Johnson v. Georgia Highway Express factors in awarding attorneys' fees based upon Colorado civil theft statute, not section 330. The facts and record...
- Judge(s):
- Karlin, Cornish, Michael
- Tag(s):
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- Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
- 10 years 2 months ago
- 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...
- Judge(s):
- Kressel, Saladino, and Shodeen
- Tag(s):
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- Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
- 10 years 3 months ago
- 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...
- Judge(s):
- Wollman, Bright and Colloton
- Tag(s):
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- Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
- 10 years 4 months ago
- Citation:
- Bruess v. Dietz (In re Bruess), Case No 15-6019 (9th Cir. B.A.P. 2015)
- Ruling:
- Debtor's interest in real property was not acquired until deed was recorded and did not transfer upon execution of deed. Debtor's exemption in property limited to $155,675.00 pursuant to section...
- Judge(s):
- Schermer, Saladino and Nail
- Tag(s):
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- Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
- 10 years 4 months ago
- Citation:
- Gepner v. Kidd (In re Kidd), Case No. KS-14-065 (10th Cir. B.A.P. October 23, 2015)(Unpublished)
- Ruling:
- The bankruptcy court's finding that the appellant failed to prove all necessary elements of actual fraud or actual fraudulent intent under sections 727(a)(2) and (4) was supported by the record and...
- Judge(s):
- Thurman, Jacobvitz, Hall
- Tag(s):
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- Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
- 10 years 5 months ago
- Citation:
- Arenas v. U.S. Trustee (In re Arenas), Case No. CO-14-046 (10th Cir. B.A.P. Aug. 21, 2015)
- Ruling:
- A debtor engaged in the marijuana business legally under state law, but in violation of federal law, cannot obtain relief in the federal bankruptcy court. Engaging in federal criminal conduct...
- Judge(s):
- Cornish, Nugent, and Somers
- Tag(s):
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- Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
- 10 years 6 months ago
- Citation:
- Venture Bank v. Lapides (In re Lapides), Case No. 14-3085 (8th Cir., August 25, 2015)
- Ruling:
- Post-petition Change in Terms Agreement on third mortgage executed post-discharge and payments made thereunder were involuntary because agreement did not comply with the requirements of a...
- Judge(s):
- Loken, Bye, and Kelly, Circuit Judges
- Tag(s):
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