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Bankruptcy Law

Oct 31, 2018

Bankruptcy: Claimed Exceptions- Interests in Former Spouse’s Accounts- Retirement Funds

In his divorce proceeding, debtor was awarded one-half the value of his ex-wife’s retirement accounts. Debtor took no action to obtain title or possession to the accounts. However, debtor claimed an exemption for the accounts as retirement funds; the bankruptcy court disallowed the exception. Where debtor’s interest in retirement accounts merely resulted from a property […]

Oct 18, 2018

Bankruptcy: Claimed Exceptions- Interests in Former Spouse’s Accounts- Retirement Funds

Where debtor’s interest in retirement accounts merely resulted from a property settlement, funds in the accounts were not retirement funds exempt under federal law from bankruptcy proceeding as the exemption was limited to the individual who created and contributed funds into the accounts. Judgment is affirmed. In re: Lerbakken (MLW No. 72210/Case No 18-6018 – […]

Jul 21, 2016

Bankruptcy: Time-Barred Claim- FDCPA

Even though a creditor filed a proof of claim in a Chapter 13 bankruptcy on a time-barred debt, the proof of claim was not false, deceptive or misleading under the Fair Debt Collections Practices Act. Eleventh Circuit The debtor “urges this court to follow the Eleventh Circuit and extend to bankruptcy claims the rule against […]

May 18, 2013

Bankruptcy: State Court Decision – Res Judicata – Full Faith And Credit

Cawley v. Celeste (MLW No. 64981/Case No. 12-1555 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)

May 17, 2013

Bankruptcy: Adversary Proceeding – Timeliness

Hathorn v. Petty (MLW No. 64980/Case No. 13-6002 – 11 pages) (U.S. Bankruptcy Appellate Panel, Saladino, J.)

May 13, 2013

Bankruptcy: Debtor’s Equipment – Sale Proceeds – First Priority Lien

Bank of the West v. Damon Pursell Construction Company (MLW No. 64958/Case No. 13-6015 – 11 pages) (U.S. Bankruptcy Schermer, B.J.) Appealed from U.S. Bankruptcy Court, Western District of Missouri)

May 13, 2013

Bankruptcy: Restitution – Authority For Order

Lynd v. Ries (MLW No. 64959/Case No. 13-6011 – 6 pages) (U.S. Bankruptcy Appellate Panel, Federman, B.J.)

May 3, 2013

Bankruptcy: Standing – Breach Of Contract – Employment Agreement

Longaker v. Boston Scientific Corporation (MLW No. 64934/Case No. 12-2482 – 15 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.)

Apr 26, 2013

Bankruptcy: Dischargeability – Car Sale Inventory

Heide v. Juve (MLW No. 64902/Case No. 12-6058 – 14 pages) (U.S. Bankruptcy Appellate Panel, Nail, B.J.)

Apr 12, 2013

Bankruptcy: Conversion – Ability To Pay

Schlehuber v. Fremont National Bank & Trust Company (MLW No. 64858/Case No. 12-6063 – 10 pages) (U.S. Bankruptcy Appellate Panel, Schermer, J.)

Apr 5, 2013

Bankruptcy: Jurisdiction – Eviction – Standing

Alexander v. Jensen-Carter (MLW No. 64824/Case No. 12-2476 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Arnold, J.)

Mar 29, 2013

Bankruptcy: Revocation Of Discharge – Post-Petition Payment – Bonus

Seaver v. Klein-Swanson (MLW No. 64798/Case No. 12-6054 – 15 pages) (U.S. Bankruptcy Appellate Panel, Schermer, B.J.)

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