Where debtors challenged the denial of their motion for a determination of whether a confirmation order barred a state court action relating to an underlying contract, the bankruptcy court did not reach the merits of the request for declaratory judgment ...

Tagged with: Bankruptcy Discharge Finality Of Order

Dahlin v. Lyondell Chemical Company (MLW No. 71369/Case No. 16-3419 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)

Tagged with: Bankruptcy Discharge due process Publication Notice

County of Dakota v. Milan (MLW No. 69736/Case No. 16-6012 – 5 pages) (U.S. Bankruptcy Appellate Panel, Shodeen, J.)

Tagged with: Bankruptcy Discharge Incarceration Debt

Nielsen v. ACS, Inc. (MLW No. 67073/Case No. 13-6034 – 14 pages) (U.S. Bankruptcy Appellate Panel, Schermer, J.)

Tagged with: Bankruptcy Discharge student loans Undue Hardship

Van Daele Bros., Inc. v. Thoms (MLW No. 63119/Case No. 11-6043 – 6 pages) (U.S. Bankruptcy Appellate Panel, Venters, B.J.)

Tagged with: Bankruptcy Discharge Exception Venters

Walker v. Sallie Mae Servicing Corp., et al. (MLW No. 62655/Case No. 10-2032 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.)

Tagged with: Discharge Practice Areas Undue Hardship Wollman

Hidy v. Bullard (MLW No. 62296/Case No. 11-6009 – 10 pages) (U.S. Bankruptcy Appellate Panel, Schermer, B.J.)

Tagged with: Bankruptcy Discharge Practice Areas schermer

Treadwell v. Glenstone Lodge, Inc. (Case No. 10-1499 – 16 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.)

Tagged with: Discharge partnership Practice Areas WRiley

Educational Credit Management Corporation v. Jesperson (MLW No. 59368/Case No. 07-3888 – 24 pages) (U.S. Court of Appeals, 8th Circuit, Loken, C.J.) Where a bankruptcy court discharged a new lawyer’s student loans of more than $360,000 based on his showing ...

Tagged with: Bankruptcy Discharge Undue Hardship

Where an unemployment compensation claimant became unemployed because documented medical restrictions prevented him from performing his job, the claimant did not leave work voluntarily, but was instead discharged, and the claimant’s physical inability to do his job did not constitute ...

Tagged with: Discharge disqualification Unemployment Compensation

Where two witnesses for an employer testified that an unemployment compensation claimant was not being terminated at a meeting at which he was told he would not receive a raise, the commission found the employer’s witnesses to be more credible ...

Tagged with: Credibility Determination Discharge disqualification Unemployment Compensation