Bankruptcy Court for the District of South Dakota Court Cases

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  1. In Re Hines (1986)

    This is before the Court on a complaint to determine dischargeability of a debt filed on behalf of Stewart Lyle Hines ("debtor") by Attorney Doug Cummings on June 11, 1986. Debtor substantively alleges that: 1) Because the loan which was received pursuant to the Health Education Assistance Loan Act (HEAL) has been due and owing for more than a five-year period prior to filing, the debt is dischargeable under Bankruptcy Code Section 523(a)(8); or 2) If 42 U.S.C. § 294f(g), and not Section [...]

    Court: Bankruptcy Court for the District of South Dakota Docket: Bankruptcy No. 485-00084, Adv. No. 486-0038
  2. In Re Law (1993)

    The matter before the Court is a consolidation of two adversary complaints seeking to determine the dischargeability of a student loan debt based on the undue hardship provision of 11 U.S.C. § 523(a)(8)(B). Following discovery, a status conference was held, and in lieu of trial, the parties requested the Court make its determination based upon a stipulated record following the submission of written authority and argument.


    Court: Bankruptcy Court for the District of South Dakota Docket: Bankruptcy Nos. 91-40584, 92-40108, Adv. Nos. 92-4015, 92-4016
  3. In Re Pick (1989)

    This case is before the Court on an objection to venue and a motion to transfer the case to the District of Nebraska filed on behalf of the Coleridge National Bank, Coleridge, Nebraska. A hearing on the matter was held November 16, 1988, in Sioux Falls, South Dakota. After receiving evidence at the hearing and arguments of counsel, the Court took the matter under advisement and requested briefs from the parties.


    Court: Bankruptcy Court for the District of South Dakota Docket: Bankruptcy No. 88-40452-PKE
  4. In Re Swann (1993)

    The matters before the Court are objections to the Chapter 7 Trustee's proposed scheme of final distribution. The distribution proposes to pay the two major secured creditors of the bankruptcy case and numerous 11 U.S.C. § 506(c) expenses. The Section 506(c) administrative expenses are not to be paid on a pro rata basis, however. Some of the Section 506(c) expenses were previously paid, and now the Trustee proposes to pay the remaining expenses either in full, in part, or not at all.


    Court: Bankruptcy Court for the District of South Dakota Docket: Bankruptcy No. 91-40802-PKE
  5. In Re Boeckman (1985)

    This case is before the Court on an objection to venue and a motion to transfer the case to the District of Nebraska filed on behalf of the Federal Land Bank of Omaha, Hartington, Nebraska. An expedited hearing on the matter was held March 27, 1985, in Sioux Falls, South Dakota. The Court took the matter under advisement and requested briefs from the parties. The issues are: (1) whether this Court has the authority under the 1984 Bankruptcy Amendments to retain a case filed in an improper venue [...]

    Court: Bankruptcy Court for the District of South Dakota Docket: Bankruptcy No. 485-00054
  6. In Re Sepco, Inc. (1984)

    Sepco, Inc. (debtor), filed a complaint to determine the validity, priority, and extent of liens in the above-entitled chapter 11 bankruptcy on March 29, 1983. Seventeen defendants were served with the complaint, including the Valley State Bank of Yankton, South Dakota (bank), and Arlon Industries, Inc. (Arlon). Arlon answered and cross-claimed against all other defendants for a determination that its mechanic's lien was superior to any other encumbrances against the alcohol production plant [...]

    Court: Bankruptcy Court for the District of South Dakota Docket: Bankruptcy No. 483-00070, Adv. No. 483-0101
  7. In Re Trasks'charolais (1988)

    This case is before the Court on Milton Trask's request for subrogation to the rights of the Estate of Bessie McDonald ("McDonald Estate") in a certain contract for deed, to the extent of payments made by Milton Trask to the McDonald Estate and to the county taxing authority. Bessie McDonald was the vendor of the contract for deed, to which the debtor, Trasks' Charolais Partnership, is a delegatee of the original vendee. Milton Trask asserted that he is secondarily liable as a guarantor of the [...]

    Court: Bankruptcy Court for the District of South Dakota Docket: Bankruptcy No. 586-00015
  8. In Re Gridley (1992)

    The matter before the Court is the Chapter 7 Trustee's objection to a proof of claim filed against this bankruptcy estate. Pamela G. Jaudes, Debtor's daughter [hereinafter Claimant], claims three loans, used to aid her father's financially troubled insurance business, were made at the joint request and for the joint benefit of both her parents, "thereby creating a joint obligation of repayment" from her mother's bankruptcy estate. Claimant contends the obligation exists not because of any [...]

    Court: Bankruptcy Court for the District of South Dakota Docket: Bankruptcy No. 91-40439-PKE
  9. In Re Rumpza (1985)

    This case is before the Court on objections by the Chapter 7 trustee, Kathleen K. Kilmer, pro se, to an application for allowance of administrative expenses filed by Roger W. Damgaard, counsel for Creditors Randall and Diane Graff. A hearing on these objections was held on October 4, 1985.


    Court: Bankruptcy Court for the District of South Dakota Docket: Bankruptcy No. 484-00402
  10. In Re Boese (1981)

    This matter is before the Court on a Complaint to Determine Dischargeability of a debt filed by James and Barbara Mann, Creditors, against Debtor. Based on the pleadings, the hearing held by the Court at which Counsel presented extensive evidence, and the briefs supplied by the parties, the Court makes the following Findings of Fact and Conclusions of Law.


    Court: Bankruptcy Court for the District of South Dakota Docket: Bankruptcy No. 480-00090, Adv. No. 480-0085
  11. In Re Palmer (1993)

    The matter before the Court is an adversary complaint filed by Sioux Falls, South Dakota, Attorney Cecelia A. Grunewaldt on behalf of Plaintiff-Debtor [hereinafter "Debtor"] seeking a determination of dischargeability which raises the following issue: whether a non-student debtor who co-signed applications for a former spouse's educational loans is subject to the exception to discharge provision of 11 U.S.C. § 523(a)(8). Debtor maintains the provision does not apply when a non-student [...]

    Court: Bankruptcy Court for the District of South Dakota Docket: Bankruptcy No. 92-40510, Adv. No. 92-4054
  12. In Re Adelman (1988)

    This matter is before the Court on Robert Goodnow's complaint to determine the dischargeability of a debt owed to him by debtor James Adelman. The complaint states a cause of action based on 11 U.S.C. § 523(a)(2)(A). A trial in the matter was held on October 14, 1987, in Aberdeen, South Dakota. At the conclusion of Goodnow's case, this Court granted Adelman's motion to dismiss the complaint.


    Court: Bankruptcy Court for the District of South Dakota Docket: Bankruptcy No. 185-00243, Adv. No. 87-1002
  13. In Re Teigen (1998)

    The matters before the Court are the Trustee's objections to the claims of the Duininck Brothers, Inc., and United Fire and Casualty Company. These are core proceedings under 28 U.S.C. § 157(b)(2). This Memorandum of Decision and subsequent orders shall constitute the Court's findings and conclusions under F.R.Bankr.P. 7052. As set forth below, the Court concludes that the Duininck Brothers' and United Fire and Casualty Company's respective claims should be estimated under § 502(c) and that [...]

    Court: Bankruptcy Court for the District of South Dakota Docket: Bankruptcy No. 96-10055
  14. In Re Gridley (1991)

    In this case, the Court must decide whether a Chapter 7 bankruptcy case should be dismissed when a debtor died two days after the petition was filed by her designated agent named in a valid power of attorney. For the reasons outlined below, the Court denies the motion to dismiss the bankruptcy proceeding. The instant matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A), (B). This Court maintains jurisdiction under 28 U.S.C. § 1334.


    Court: Bankruptcy Court for the District of South Dakota Docket: Bankruptcy No. 91-40439-PKE
  15. In Re Kjellsen (1993)

    The matter before the Court is an 11 U.S.C. § 1307(c) motion to dismiss this bankruptcy case for "cause," filed by Sioux Falls Attorney Scott M. Perrenoud on behalf of Terry D. Wieczorek, Guardian of the Estate of Oriole Kjellsen [hereinafter "Movant"], and resisted by Huron, South Dakota, Attorney John B. Wehde on behalf of Debtor and Debtor's daughter, Shirley Woldt [hereinafter "Respondents"], acting as Debtor's Attorney-in-Fact via a Durable Power of Attorney. Primarily, the issue is [...]

    Court: Bankruptcy Court for the District of South Dakota Docket: Bankruptcy No. 93-40097
  16. In Re Reaves (1981)

    Mary Jane Reaves, a Chapter 7 Debtor, filed a Complaint to avoid a real estate mortgage under the provisions of 11 U.S.C. Section 547 and 11 U.S.C. Section 548. Debtor alleged that an 11 U.S.C. Section 547 preference occurred when on April 17, 1980, Debtor executed and delivered to the National Bank of South Dakota, Sunset Branch, Defendant, a real estate mortgage on Debtor's claimed homestead property on account of an antecedent debt. Debtor further alleged that an 11 U.S.C. Section 548 [...]

    Court: Bankruptcy Court for the District of South Dakota Docket: Bankruptcy No. 480-00193, Adv. No. 480-0095
  17. In Re Restea (1987)

    This matter is before the Court on a motion to dismiss a Chapter 7 case under Bankruptcy Code Section 707(b) filed by Attorney Andrew J. Schmid on behalf of United States Trustee William P. Westphal ("Trustee") on March 16, 1987. Trustee substantively alleges that because George and Georgeta Restea's ("debtors'") debts are primarily consumer debts and granting them relief under Chapter 7 constitutes "substantial abuse" pursuant to Bankruptcy Code Section 707(b), their case should be dismissed. [...]

    Court: Bankruptcy Court for the District of South Dakota Docket: Bankruptcy No. 186-00265
  18. In Re French (1992)

    The matter before the Court is an Application for Order Approving the Employment of an Additional Non-bankruptcy Attorney filed on behalf of Norman Eugene (Jim) French (Debtor) by Sioux Falls attorney J. Bruce Blake and the objections thereto filed by the United States of America, by and through Kevin V. Schieffer, United States Attorney, and Assistant United States Attorney Craig Peyton Gaumer on behalf of the Farmers Home Administration (FmHA) and by the Standing Chapter 12 Trustee (Trustee) [...]

    Court: Bankruptcy Court for the District of South Dakota Docket: Bankruptcy No. 91-40108-PKE
  19. In Re Grimes (1990)

    The Court has before it the fee applications of William L. Needler & Associates and National Farm Management Ltd., filed by the respective parties in the above referenced case. Objections to the same have been received from newly-retained counsel for the debtors and the United States Trustee. The U.S. Trustee has also moved for an order under 11 U.S.C. § 329 to disgorge improvidently paid fees. After reviewing the facts, the Court's file, briefs, and the arguments of counsel, the Court is [...]

    Court: Bankruptcy Court for the District of South Dakota Docket: Bankruptcy No. 88-10053
  20. In Re New Town Mall (1982)

    Vance R. Goldammer, Boyce, Murphy, McDowell & Greenfield, Sioux Falls, S.D., Paul J. Scheerer, Dorsey, Windhorst, Hannaford, Whitney & Halladay, Minneapolis, Minn., for National Bank of South Dakota.


    Court: Bankruptcy Court for the District of South Dakota Docket: Bankruptcy No. 481-00219

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