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U.S. Bankruptcy Appellate Panel

Bankruptcy: Waiver Of Discharge – Approval – Creditor’s Interests

Asbury v. Alliant Bank, et al. (MLW No. 60181/Case No. 09-6026 – 7 pages) Where a Chapter 7 sought a waiver of discharge after deciding that he did not have the resources to litigate the multiple adversary proceedings involved, the ...

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Bankruptcy: Fraud – Justifiable Reliance – Innocent Spouse

Treadwell v. Glenstone Lodge, Inc. (MLW No. 60158/Case No. 09-6023 – 16 pages) (U.S. Bankruptcy Appellate Panel, Kressel, C.J.) Bankruptcy: Fraud – Justifiable Reliance – Innocent Spouse Where a hotel appealed a bankruptcy court’s order discharging a debt incurred by ...

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Bankruptcy: Adversary Proceeding – Permissive Abstention – Forum Shopping

Stabler v. Beyers (MLW No. 59911/Case No. 09-6024 – 11 pages) (U.S. Bankruptcy Appellate Panel, Venters, B.J.) Where a bankruptcy court dismissed an adversary proceeding brought by debtors who claimed a creditor’s collection attempts violated a discharge injunction, the court’s ...

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Bankruptcy: Denial Of Final Decree – Standard Of Review – ‘Fully Administered’ Estate

  Shotkoski v. Fokkena (MLW No. 59879/Case No. 09-6063 – 8 pages) (U.S. Bankruptcy Appellate Panel, Saladino, B.J.) Where Chapter 11 debtors appealed the denial of their motion for final decree, an abuse-of-discretion standard is used to review the bankruptcy ...

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Bankruptcy: Case Closing – Standing – Request For Counsel

Powers v. Odyssey Capital Group, LLC (MLW No. 59873/Case No. 08-6038 – 12 pages) (U.S. Bankruptcy Appellate Panel, Schermer, B.J.) Where a creditor objected to the closing of a Chapter 11 debtor’s case, the creditor’s claim was disallowed and her ...

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Bankruptcy: Credit Counseling – Requirement – Waiver – Exigent Circumstances

Duncan v. LaBarge (MLW No. 59832/Case No. 09-6027 – 6 pages) (U.S. Bankruptcy Appellate Panel, Kressel, C.J.) Where Chapter 13 debtors did not receive credit counseling before filing their petition and did not obtain a waiver, dismissal of their case ...

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Debtor did not fulfill duty to list creditor

A debtor who did not list her former stepson as a creditor in her Chapter 7 bankruptcy case should not have been granted a discharge of the stepson’s claim, which arose from child abuse. The U.S. Bankruptcy Appellate Panel explained ...

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Bankruptcy : Exception To Discharge – Willful Injury – Duty To List

Mitchell v. Bigelow (MLW No. 59763/Case No. 09-6017 – 11 pages) (U.S. Bankruptcy Appellate Panel, Kressel, C.J.) Where a Chapter 7 debtor failed to fully list her former husband and neglected to list her stepson as creditors after she injured ...

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Bankruptcy: Settlement Agreement – Claim Preclusion

Running v. Grimlie (MLW No. 59514/Case No. 09-6018 – 7 pages) (U.S. Bankruptcy Panel, 8th Circuit, Saladino, J.) Where a county rejected a property deed executed by a trustee, the debtor and debtor’s family as part of a modified settlement ...

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Bankruptcy: Sale Of Assets – Qualified Bidder – Missouri Law

GAF Holdings LLC v. Rinaldi, et al. (MLW No. 59434/Case No. 07-6046 – 20 pages) (U.S. Bankruptcy Appellate Panel, Kressel, C.J.) Where the bankruptcy court denied a motion to set aside a sale of assets filed by a plaintiff that ...

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