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New Cases For the Week of December 13, 2004 -
December 17, 2004
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December 17, 2004 |
Case |
Court |
Holding |
In re Corn-Pro Nonstock Cooperative, Inc.
(DBN Subscription Required) |
8th Cir. BAP |
A nonstock cooperative with no employees was a "farmer" and was thus protected from an involuntary bankruptcy filing.
An award of attorney fees when an involuntary case is dismissed is within the discretion of the court. |
Caldwell-Baker Company v. Parsons
(DBN Subscription Required) |
7th Cir. |
The cry "I want a jury trial!" does not dispense with a need for finality for appellate review. |
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December 16, 2004 |
Case |
Court |
Holding |
In re Mersmann
(DBN Subscription Required) |
10th Cir. BAP |
Case law clearly establishes the impropriety of attempting to obtaining an undue hardship discharge of a student loan through provisions of a plan of reorganization rather than the filing of an adversary proceeding. However, where a debtor improperly inserts an undue hardship finding in a plan which is confirmed and not appealed, res judicata and stare decisis principles compel enforcement of the undue hardship discharge. |
In re Nelson
(DBN Subscription Required) |
10th Cir. BAP |
Case law clearly establishes the impropriety of attempting to obtaining an undue hardship discharge of a student loan through provisions of a plan of reorganization rather than the filing of an adversary proceeding. Where a debtor improperly inserts an provision providing for discharge of a student loan in a plan which is confirmed and not appealed, no undue hardship is effected in the absence of an explicit finding of undue hardship in the plan. |
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December 15, 2004 |
Case |
Court |
Holding |
In re Hopkins
(DBN Subscription Required) |
Bankr. E.D. Mi. |
Upon conversion of a case under Chapter 13 to a case under Chapter
7, a Chapter 7 trustee may file objections to exemptions originally claimed by a debtor
in a Chapter 13 case. |
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December 13, 2004 |
Case |
Court |
Holding |
In re Dawson
(DBN Subscription Required) |
9th Cir. |
"Actual damages" for willful violation of automatic stay include damages for emotional distress. |
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