04/03/2012
TOPICAL INDEX CATEGORIES (A TO Z)
To search for a decision by topic, click on the alphabet letter below for all the topics beginning with that letter. If the letter is not printed in blue and underlined, it does not contain any decisions. Click on the topic to view the list of decisions for that particular topic. To view the decision, click on the debtor's name.
| ABANDONMENT OF ESTATE PROPERTY
ABSOLUTE PRIORITY RULE See Chapter 11 - Absolute Priority Rule
see JURISDICTION: Abstention, Removal, see JURISDICTION: State Court, Relationship with see also CERTIFICATION TO SOUTH DAKOTA SUPREME COURT ABUSE OF PROCESS see EQUITABLE RELIEF: Abuse of Process
Secured Creditor's ADVERSARY PROCEEDINGS - PROCEDURES AGRICULTURAL CREDIT ACT OF 1987 AMENDMENTS Finality of Orders
APPRAISALS see ESTATE PROPERTY: Valuation ARBITRATION |
ATTORNEY-CLIENT RELATIONS see ETHICAL CONDUCT OF ATTORNEYS: see also CIVIL PROCEDURE: Right to Counsel ATTORNEYS see CIVIL PROCEDURE: Right to Counsel
Co-debtor Stay Criminal Prosecution Statute of Limitations (effect on) Utilities Violation of Stay (including damages for) see also ADEQUATE PROTECTION
Creditor's Standing Section 544(a) Strong-arm Powers Successor Liability see also PREFERENTIAL TRANSFERS see also FRAUDULENT TRANSFERS see also POST-PETITION TRANSFERS
AVOIDANCE OF CERTAIN LIENS |
| BANKRUPTCY CRIME BANKRUPTCY LAW AND POLICY (including history of bankruptcy laws) BANKRUPTCY PETITION PREPARERS BIOGRAPHIES |
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First Day Orders Mega Cases see also CASE ADMINISTRATION: First Day Simultaneous Proceedings see also CIVIL PROCEDURE: Right to Counsel
CASH COLLATERAL (use of) see also ADEQUATE PROTECTION CERTIFICATION TO SOUTH DAKOTA SUPREME COURT Conversion/Dismissal (involuntary) Conversion/Dismissal (voluntary by Debtor) Denial of Discharge see DISCHARGE: Denial of Discharge in Chapter 7 Dismissal/Conversion by a Creditor General Trustee's Fees see also TRUSTEES: Compensation
CHAPTER 9
see also CHAPTER 11: Absolute Priority Rule see also CHAPTER 11: § 1111(b) Election see also CHAPTER 11: Disclosure Statement see also CHAPTER "20" Creditors' Committee Effect of Confirmation Exclusivity Period General Post-confirmation Matters (including substantial consummation and final decree) Prepackaged Plans § 1111(b) Election Small Business Election Substantial Consummation see also CASE ADMINISTRATION: First Day Orders see also CASE ADMINISTRATION: Mega Cases
Discharge, General (excluding disposable income) Discharge, Hardship General Modification of a Confirmed Plan Post-confirmation Matters (including default on plan payments) see also CHAPTER 12: Modification of a Removal of Debtor in Possession
Disposable Income Eligibility General Modification of Confirmed Plan Post-confirmation Matters (including default on see also CHAPTER 13: Modification of a CHAPTER "20" CHOICE OF LAW
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Compulsory Counterclaims Costs, Imposition of Discovery see DISCOVERY Failure to State Claim see DISPOSITIVE MOTIONS: Failure to State Claim Joinder Miscellaneous see also EQUITABLE DEFENSES: Excusable Neglect Right to Counsel Standing see also DEFAULT JUDGMENT see also DISPOSITIVE MOTIONS see also PLEADINGS
Amendment see CLAIMS: Proofs of Claims, Amendment Deficiency Judgment Equitable Subordination General Priority Claims (Wages, Salaries, Compensation) Proofs of Claims, Secured/Unsecured Subordination of Claims Valuation (including determination of secured status) When Debt is Incurred see also SETOFF see also SUBROGATION
COLLATERAL ESTOPPEL see ESTOPPEL - Issue Preclusion/Collateral Estoppel COLLECTIVE BARGAINING AGREEMENTS COMPENSATION
CONFLICTS OF INTEREST see EMPLOYMENT OF ESTATE PROFESSIONALS
CONSIGNMENTS
CONSTITUTIONAL LAW Due Process Equal Protection General
Civil Criminal
Accord and Satisfaction Damages General Novation Rules of Construction Subrogation see SUBROGATION Unenforceable/Invalid CORPORATIONS: Piercing the Veil
COSTS (imposition of)
COUNSEL, RIGHT TO see also CIVIL PROCEDURE: Right to Counsel
COURT ADMINISTRATION see also CASE ADMINISTRATION see also CIVIL PROCEDURE: Right to Counsel
General Pre-confirmation
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Schedules, Statements, Lists, and Required Forms DISCHARGE (regarding all debts) Denial of Discharge in Chapter 7 Extension of Time to File Complaint see also DISCHARGEABILITY: Res Judicata, Application of
DISCHARGEABILITY (regarding particular debt) Credit Card Debts Discharge Denied in Prior Chapter 7 Case Effect of Determination in Prior Bankruptcy False Pretenses, False Representation, Actual Family Support Debts (§ 523(a)(5)) see also DISCHARGEABILITY: Property Settlement Debts General see also DISCHARGEABILITY: Family Res Judicata, Application of Sanctions under § 523(d) Taxes, Penalties, and Interest see also DISCHARGE: Timeliness of Complaint
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DISCLOSURES OF COMPENSATION see EMPLOYMENT OF ESTATE PROFESSIONALS DISMISSAL: Failure to State a Claim DISPOSABLE INCOME see CHAPTER 12: Disposable Income see CHAPTER 13: Disposable Income
Judgment as a Matter of Law
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FARM LENDING AND CROP PROGRAMS Commodity Credit Corporation Conservation Reserve Program General Perishable Ag Commodities Act
Disaster and Deficiency Payments
Conduct Death or Disability Miscellaneous FEES (See PROFESSIONAL COMPENSATION) |
FIXTURES see also ESTATE PROPERTY
Deficiency Claim Redemption
Actual Fraud see also AVOIDABLE TRANSFERS see also PREFERENCE ACTIONS
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see also AVOIDABLE TRANSFERS see also PREFERENCES see also EXEMPTIONS: Wages
GUARANTIES
GUARDIANSHIP see also ELIGIBILITY: Guardianship
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| NONE LISTED |
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INDIGENT PETITIONERS (in forma pauperis)
see also AUTOMATIC STAY: Insurance (lack of) |
INTERVENTION see CIVIL PROCEDURE: Intervention
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see also SUBSTANTIVE CONSOLIDATION
Discharge under S.D.C.L. § 15-16-20 see also CIVIL PROCEDURES: Relief from see also DEFAULT JUDGMENTS see also LIENS: Judgment Liens
JUDICIAL ETHICS see FEDERAL JUDGES: Conduct
JUDICIAL WRITING Citations General Stare Decisis Writing Aids |
Abstention, Removel, Remand, or Withdrawal of Core Proceedings District Court, relationship with (includes Rooker- Feldman Doctrine) Non-core, Otherwise Related Proceedings State Court, Relationship with Tribal Court, Relationship with see also CERTIFICATION TO SOUTH DAKOTA SUPREME COURT see also JUSTICIABILITY (including mootness, ripeness) JUSTICIABILITY (including mootness, ripeness) |
| NONE LISTED |
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see ESTATE PROPERTY: Use, Sale, or Lease see EXECUTORY CONTRACTS AND LEASES
LENDING LAW see SECURED CLAIMS see UNIFORM COMMERCIAL CODE
Chattel Liens County Aid Liens (changed from Poor Relief Liens) Crop Liens see also JUDGMENTS: Discharge under S.D.C.L. § 15-16-20 see also LIENS: County Aid Liens see SECURED CLAIMS: Perfection see UNIFORM COMMERCIAL CODE: Perfection Tax Liens
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MALICIOUS PROSECUTION see EQUITABLE RELIEF: Abuse of Process
MARSHALING OF ASSETS see ESTATE PROPERTY: Marshaling of Assets MEDIATION MEETING OF CREDITORS
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MODIFICATION OF PLAN see CHAPTER 12: Modification of a Confirmed Plan see CHAPTER 13: Modification of a Confirmed Plan
MORTGAGES see LIENS: Mortgages on Real Property
MOOTNESS see JUSTICIABILITY
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| NONE LISTED |
| NONE LISTED |
| PARTNERSHIPS
PETITION PREPARERS see BANKRUPTCY PETITION PREPARERS see also PROFESSIONAL COMPENSATION: Petition Preparers
PLAN MODIFICATION see CHAPTER 12: Modification of a Confirmed see CHAPTER 13: Modification of a Confirmed PLEADINGS (including amendments, failure to state a claim, leave to amend, misjoinder of parties, pleading fraud, etc.)
see also AVOIDABLE TRANSFERS
Criminal Restitution Earmarking Doctrine see also AVOIDABLE TRANSFERS see also FRAUDULENT TRANSFERS see also GARNISHMENTS see also POST-PETITION TRANSFERS
see also EXEMPTIONS: Conversion of Assets
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Committee of Unsecured Creditors Disgorgement Duplicate Billings General Petition Preparers see also ADMINISTRATIVE EXPENSE CLAIMS see also EMPLOYMENT OF ESTATE PROFESSIONALS (includes cases where compensation is denied due to conflicts of interest)
PROOF OF CLAIM
PROPERTY OF ESTATE
PRO SE LITIGATORS Creditors Debtors
PUNITIVE DAMAGES see CLAIMS: Punitive Damages
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| NONE LISTED |
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REAFFIRMATION AGREEMENTS
REAL PROPERTY LAW see also FIXTURES see also LIENS: Mortgages on Real Property
RECONSIDER see EQUITABLE RELIEF: Relief from
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RELIEF FROM STAY See AUTOMATIC STAY - Relief from Stay
RENTS see SECURED CLAIMS: Rents RIGHT TO COUNSEL see CIVIL PROCEDURE: Right to Counsel
RIPENESS see JUSTICIABILITY |
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SALES see ESTATE PROPERTY: Use, Sale, or Lease
Attorneys' Fees and Costs under Section 523(d) Equitable Powers of Bankruptcy Court
SCHEDULES see DEBTOR'S DUTIES: Schedules, Statements,
SECTION 1111(b) ELECTION
Attorneys' Fees and Other Costs Interest Payments and Rates Modification of Mortgage on Residence Perfection (excluding perfection under U.C.C.) see also UNIFORM COMMERCIAL CODE: Post-petition Property (excluding provisions Rents see also CLAIMS: Valuation see also LIENS see also PROFESSIONAL COMPENSATION: Attorney for Secured Creditors see also UNIFORM COMMERCIAL CODE
SECURITIES LAWS
SECURED INTERESTS see SECURED CLAIMS
SECURED TRANSACTIONS see SECURED CLAIMS |
SIMULTANEOUS FILINGS see ELIGIBILITY - Simultaneous/Successive Filings
SOVEREIGN IMMUNITY see JURISDICTION: Sovereign Immunity
STANDING see CIVIL PROCEDURE: Standing
STARE DECISIS see JUDICIAL WRITING: Stare Decisis
STATISTICS General STATUTORY CONSTRUCTION SUA SPONTE ACTIONS see CLAIMS: Subordination see also JOINT ADMINISTRATION
SUCCESSOR LIABILITY see AVOIDABLE TRANSFERS: Successor Liability
SUMMARY JUDGMENT see DISPOSITIVE MOTIONS: Summary Judgment
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TAXES Estate General Priority of Setoff see SETOFF Treatment of Tax Claims see also LIENS: Tax Liens
see LIENS: Tax Liens
TIME |
TRACING see EQUITABLE: Tracing
Duties, Powers, and Responsibilities see also PROFESSIONAL COMPENSATION: Attorney see also CHAPTER 7: Distribution of Assets see also CHAPTER 7: Trustee’s Fees see also SETTLEMENTS
TRUSTS see also ESTATE PROPERTY
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Commercially Reasonable Sale Farm Products Exception Improper Retention of Collateral see also SECURED CLAIMS: Perfection see also SECURED CLAIMS |
UNITED STATES TRUSTEE PROGRAM General Quarterly Fees USE, SALE, OR LEASE OF PROPERTY
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VALIDITY OF LIENS
see ESTATE PROPERTY: Valuation
VENUE |
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| WAIVER WATER LAW |
| NONE LISTED |
| NONE LISTED |
| NONE LISTED |