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Bankruptcy Law opinion

Bankruptcy: Sale Of Assets – Appeal – Mootness

Asset Based Resource Group v. U.S. Trustee, et al. (MLW No. 60860/Case No. 09-2860 – 5 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Where a creditor appealed the sale of assets, the appeal is dismissed as moot because ...

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Bankruptcy: Deeds Of Trust – Defective Acknowledgement – Nebraska Law

BowlNebraska v. Omaha State Bank (MLW No. 60814/Case No. 10-6016 – 8 pages) (U.S. Bankruptcy Appellate Panel, 8th Circuit, Federman, J.) Where the bankruptcy court declared that a bank’s deeds of trust on a debtor’s real property were void as ...

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Bankruptcy: Discharge – Intent – Mootness

Bank of Bennington v. Thomas (MLW No. 60784/Case No. 09-6070/6071 – 8 pages) (U.S. Bankruptcy Appellate Panel, Kressel, C.J.) Where a debtor failed to list two tax refunds, a large settlement and another payment received as income and the debtor ...

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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: Dischargeability – Personal Liability – Corporate Veil

R&R Ready Mix v. Freier (MLW No. 60596/Case No. 09-1916 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.) Where evidence showed that a debtor operated his contracting company as a façade through which he obtained personal benefits, ...

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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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