Minnesota Bankruptcy Case: Statute Requires Debtors Living Apart to Combine Incomes for Chapter 13 Plan

The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Harman v Fink (In re Harman), 2010 WL 3447772 (B.A.P. 8th Cir. (Mo.) 9/3/10) (Kressel, C.J.) Case Summary: Statute Requires Debtors Living Apart to Combine Incomes for Chapter 13 Plan The Eighth Circuit BAP [...]

Read the full article →

Minnesota Bankruptcy Case: Means Test Does Not Apply to a Case Converted from Chapter 13 to Chapter 7

The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: In re Chapman, 431 B.R. 216 (Bankr. D. Minn. 6/10/10) (Kishel, J.). Case Summary: Means Test Does Not Apply to a Case Converted from Chapter 13 to Chapter 7 The debtors filed a joint [...]

Read the full article →

Minnesota Bankruptcy Discharge: Timing of Discharge

Some types of debt are dischargeable through bankruptcy. This means that they are extinguished by the bankruptcy court and need not be repaid. Some types of debt are not dischargeable through bankruptcy. This means that despite successful completion of the bankruptcy proceedings, the debtor must still repay this debt. Credit card debt is dischargeable and [...]

Read the full article →

Minnesota Bankruptcy Case: Trustee’s Attempt to Modify Plan to Increase Commitment Period from 30 to 60 Months Rebuffed

The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: In re Bailey, 425 B.R. 825 (Bankr. D. Minn. 3/10/10) (O’Brien, J.). Case Summary: Trustee’s Attempt to Modify Plan to Increase Commitment Period from 30 to 60 Months Rebuffed The court denied the chapter [...]

Read the full article →

Minnesota Bankruptcy Case: Debtors Cannot Modify 60 Month Plan to a 43 Month Plan Unless They Have a Good Reason

The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: In re Savage, 426 B.R. 320 (Bankr. D. Minn. 3/25/10) (Kishel, J.). Case Summary: Debtors Cannot Modify 60 Month Plan to a 43 Month Plan Unless They Have a Good Reason The debtors filed [...]

Read the full article →

Minnesota Bankruptcy Case: Objections to Individual Chapter 11 Plan Overruled

The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: In re Feneis, BKY 09-60317 (Bankr. D. Minn. 1/20/10) (O’Brien, J.). Case Summary: Objections to Individual Chapter 11 Plan Overruled The debtor, Feneis, filed an individual chapter 11 petition, after the decline of his [...]

Read the full article →

Minnesota Bankruptcy Case: Home Loan Not Signed by Debtor is Consumer Debt and Case Dismissed as Substantial Abuse

The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Lapke v. Mutual of Omaha Bank (In re Lapke), 428 B.R. 839 (B.A.P. 8th Cir. (Neb.) 5/10/10) (Schermer, J.). Case Summary: Home Loan Not Signed by Debtor is Consumer Debt and Case Dismissed as [...]

Read the full article →

v

The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Bank Northwest v. Potts (In re Potts), 421 B.R. 518 (B.A.P. 8th Cir. (Mo.) 1/12/10) (Saladino, J.). Case Summary: Chapter 13 Plan May Modify Secured Creditors’ Default Remedies The Eighth Circuit BAP affirms confirmation [...]

Read the full article →

Minnesota Bankruptcy Case: Whether to Close Individual Chapter 11 Case Before Discharge is Within Court’s Discretion

The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Shotkoski v. Fokkena (In re Shotkoski), 420 B.R. 479 (B.A.P. 8th Cir. (S.D.) 11/24/09) (Saladino, J.). Case Summary: Whether to Close Individual Chapter 11 Case Before Discharge is Within Court’s Discretion The Eighth Circuit [...]

Read the full article →

Minnesota Bankruptcy Case: Obligation to Pay a Joint Marital Debt Creates a Nondischargeable Debt to Former Spouse

The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: McCarthy v. McCarthy (In re McCarthy), 2010 WL 3269801 (D. Minn. 8/17/10) (Doty, J.). Case Summary: Obligation to Pay a Joint Marital Debt Creates a Nondischargeable Debt to Former Spouse The parties to this [...]

Read the full article →