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Bankruptcy Law opinion

Where debtor challenged the dismissal of her request for relief for alleged violations of the automatic-stay and discharge injunction, the debtor failed to state a claim in her 2019 request, and the bankruptcy court properly found that she failed to ...

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Bankruptcy: Failure to Disclose Assets-Claim of Exemption-Bad Faith

The bankruptcy trustee appealed from the affirmance of the bankruptcy court’s grant of debtor’s amendment to his petition disclosing a possible interest in $30,000 in cash in a home safe and claiming that interest as exempt. Where a bankruptcy court ...

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Bankruptcy: Voluntary Reorganization-Approval of Plan-Creditors’ Objection

Debtors filed a voluntary reorganization petition under Chapter 11. Despite the objection of non-consenting creditors, the bankruptcy court confirmed debtors’ reorganization plan. The creditors appealed, and the district court dismissed the appeal as equitably moot, alternatively ruling that the plan ...

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Bankruptcy: Crop and Insurance Proceeds-Adversary Proceeding-Priority of Liens

Plaintiff filed an adversary complaint in debtor’s bankruptcy action, challenging the priority of liens on debtor’s crops and crop-insurance proceeds. A bank that had made loans to debtor moved for summary judgment, asserting the priority of its own lien. The ...

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Bankruptcy: Adversary Proceeding-Avoidance of Merger-Effect of Divorce Judgment

BankripThe bankruptcy court entered summary judgment for the trustee, ruling that a Minnesota state court’s divorce judgment served to convey to debtor whatever interest his ex-wife may have held in real estate, thereby permitting the trustee to avoid a mortgage ...

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Bankruptcy: Adversary Proceeding-Collateral Attack-Dischargeability of Loan Obligation

Debtor appealed the dismissal of his adversary proceeding and the denial of his post-dismissal motion. The bankruptcy court had dismissed debtor’s proceeding, concluding that it was an improper collateral attack on prior rulings. Where debtor’s adversary proceeding attempted to re-litigate ...

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Bankruptcy: Challenge to Sale of Estate Assets-Collateral Attack-Denial of Leave to Amend

The bankruptcy trustee filed suit against multiple parties involved in the sale of the bankruptcy estate’s assets. As the bankruptcy court had authorized the procedure for the sale of substantially all of the debtor’s assets, it dismissed the trustee’s claims ...

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