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Search and Seizure – Probable Cause for Stop (access required)

BY: admin
POSTED: September 27, 2010
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A09-1706 State v. Sohre (Blue Earth County)


Claims – Codebtor’s Claim Subordinated (access required)

BY: admin
POSTED: July 12, 2010
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BKY 09-60317 In re: Feneis (Bankr. D. Minn., O’Brien, J.)


Chapter 7 – Dismissal for Abuse (access required)

BY: admin
POSTED: June 28, 2010
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BKY 08-35303 In re: Chapman (Bankr. D. Minn., Kishel, J.)


Chapter 7 – Dismissal for Abuse (access required)

BY: admin
POSTED: June 25, 2010

BKY 08-35303 In re: Chapman (Bankr. D. Minn., Kishel, J.)


Settlement – Personal Injury Claims (access required)

BY: admin
POSTED: June 14, 2010
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09-6030 SportStuff, Inc., et al. v. Interstate Fire & Casualty Insurance Company, appealed from U.S. Bankruptcy Court, District of Nebraska. Venters, B.J.


Chapter 7 – Means Test; Abuse (access required)

BY: admin
POSTED: June 7, 2010
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BKY 09-36740 In re: Robrock (Bankr. D. Minn., Kishel, J.)


Chapter 7 – Presumption of Abuse (access required)

BY: admin
POSTED: April 26, 2010
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Where the trustee moved to dismiss the debtors’ Ch. 7 petition based on the presumption of abuse, the Bankruptcy Court rejects the debtors’ three special circumstance arguments and grants the trustee’s motion because (1) there is no legitimacy to the hypothetical Ch. 13 administrative expenses that the debtors have scheduled, and simply by eliminating that [...]


FRAUD – Intent; Mortgage Interests (access required)

BY: admin
POSTED: April 15, 2010
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Where creditors who participated in a residential construction project with debtors argued that their debt should be excepted from discharge on the basis of fraud, if the creditors had properly recorded mortgages on the properties, liens to a bank would have been junior to their liens, and an award of damages was improper and the [...]


EXEMPTIONS – IRA Account; Retirement Funds (access required)

BY: admin
POSTED: April 15, 2010
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Where a Chapter 7 debtor claimed an exemption in an inherited IRA account, the bankruptcy court properly overruled the trustee’s objection to the debtor’s claim because the money qualified as “retirement funds” under Section 522(d)(12) even though it was the debtor’s father’s retirement funds, rather than the debtor’s own funds. Judgment is affirmed.


Property – Secured Lien (access required)

BY: admin
POSTED: April 12, 2010

Where the Ch. 13 debtor scheduled a first mortgage on the debtor’s homestead as a secured claim and the second mortgage on the homestead as a general unsecured claim; and the debtor asserts that the first mortgage is under-secured, leaving no equity for the second mortgage; the Bankruptcy Court concludes that 11 U.S.C. sec. 506(a) [...]


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