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U.S. Bankruptcy Appellate Panel

Bankruptcy: Settlement Agreement – Approval – Personal Injury Claims

SportStuff, Inc., et al. v. Interstate Fire & Casualty Insurance Company, et al (MLW No. 60730/Case No. 09-6030 – 09-6052 – 18 pages) (U.S. Bankruptcy Appellate Panel, 8th Circuit, Venters, B.J.) Where a bankruptcy court approved settlements between a debtor ...

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Bankruptcy: Non-Dischargeable Debt – Fraud – Justifiable Reliance

Islamov v. Ungar (MLW No. 60671/Case No. 09-6065 – 10 pages) (U.S. Bankruptcy Appellate Panel, Schermer, B.J.) Where a debtor continuously gave a creditor false information about her stock trading activities and the alleged profits she was making on his ...

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Bankruptcy: Priority – Perfection Of Lien – Financing Statement

Hastings State Bank v. Stalnaker, et al. (Case No. 10-6001 – 15 pages) Where a bank’s financing statement added “d/b/a” information as a part of a debtor’s name, the bankruptcy court properly held that the bank’s lien against the debtor’s ...

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Bankruptcy: Consumer Debt – Unsigned Loan Documents – Abusive Filing

Lapke v. Mutual of Omaha Bank (MLW No. 60601/Case No. 10-6008 – 10 pages) (U.S. Bankruptcy Appellate Panel, Schermer, B.J.) Where a debtor argued that two bank home loans were not consumer debt solely because he failed to sign certain ...

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Bankruptcy: Discovery Sanction – Default Judgment – Pro Se Debtor

Harmon Autoglass Intellectual Property v. Leiferman (MLW No. 60563/Case No. 10-6007 – 6 pages) (U.S. Bankruptcy Appellate Panel, Federman, B.J.) Where a Chapter 7 debtor repeatedly refused to answer questions from a creditor about his assets and the bankruptcy court ...

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Bankruptcy: Modified Plan – Required Payments – Plan Base

McCarty v. Jenkins (Case No. 09-6064 – 8 pages) Where a bankruptcy court found that debtor had completed the payments required by his plan but the trustee objected, arguing that each time the debtor modified the amount of his monthly ...

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Breyer is funniest justice for week 13: Take his wife…please

During Wednesday’s oral arguments in the Supreme Court case Krupski v. Costa Crociere – a civil procedure case asking whether a plaintiff who named the wrong defendant, but should have known the right defendant, can amend the complaint to correct ...

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Bankruptcy: Fraud – Intent – Mortgage Interests

Marcusen v. Glen (MLW No. 60478/Case No. 09-6029 – 11 pages) (U.S. Bankruptcy Appellate Panel, Schermer, B.J.) Where creditors who participated in a residential construction project with debtors argued that their debt should be excepted from discharge on the basis ...

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Bankruptcy: Exemption – IRA Account – Retirement Funds

Doeling v. Nessa (MLW No. 60480/Case No. 10-6009 – 6 pages) (U.S. Bankruptcy Appellate Panel, Schermer, B.J.) Where a Chapter 7 debtor claimed an exemption in an inherited IRA account, the bankruptcy court properly overruled the trustee’s objection to the ...

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Bankruptcy: Special Counsel – Conflict Of Interest – Transfers

Blumenthal v. Myers (MLW No. 60451/Case No. 10-6002 – 12 pages) (U.S. Bankruptcy Appellate Panel, Venters, B.J.) Where a trustee sought to employ an attorney as special counsel, the attorney’s representation of petitioning creditors created interests adverse to the bankruptcy ...

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