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Tag Archives: Adversary Proceeding

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: Adversary Proceeding-Willful Violation of Automatic Stay-Discrimination

Plaintiff appealed the district court’s grant of summary judgment to defendant. On appeal, plaintiff argued that defendant willfully violated the automatic stay and committed discrimination under 11 U.S.C. §525(a). Where a municipality took no action on an arrest warrant taken ...

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Bankruptcy: Motion For Contempt – Monetary Damages – Adversary Proceeding

Where a bankruptcy court denied debtors’ motion for contempt against a creditor because the court concluded that the debtors were required to file an adversary proceeding since they sought to recover monetary damages, the bankruptcy court’s order is reversed because ...

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