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8th Circuit

Lariat Co. Inc. v. Wigley (In re Wigley)

Citation: 
Lariat Companies, Inc. v. Wigley (In re Wigley), No. 14-6043 (BAP 8th Cir. June 19, 2015)
Ruling: 
The BAP for the 8th Circuit affirmed in part, reversed in part, and remanded to the bankruptcy court (D. Minn.-Minneapolis) after bankruptcy court sustained debtor's objection and capped creditor's lease rejection claim, Creditor appealed, arguing that bankruptcy court's capped amount ...
Judge(s): 
Federman, Nail, Shodeen
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Young v. Young (In re Young)

Citation: 
2015 WL 3756720
Ruling: 
Eighth Circuit affirmed bankruptcy court's imposition of sanctions on debtor's counsel for mischaracterizing post-petition alimony as pre-petition and for certifying that the debtor was current on alimony payments when she knew that the debtor was not current. Because of counsel's ...
Judge(s): 
Loken, Melloy, and Gruender
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Hardy v. Fink (In re Hardy)

Citation: 
No. 14–1181 (8th Cir. June 2, 2015)
Ruling: 
Reversing the Bankruptcy Appellate Panel (BAP), the Court of Appeals for the Eighth Circuit held that a tax refund attributable to the federal Additional Child Tax Credit (ACTC) statute is a “public assistance benefit” under Missouri’s bankruptcy exemption statute. ...
Judge(s): 
Loken, Murphy, and Melloy, Circuit judges.
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Rogers v. Bank of America

Citation: 
Rogers v. Bank of America, N.A., et al., No. 14-2841 (8th Cir. June 1, 2015)
Ruling: 
The 8th Circuit affirmed the ruling of the district court (D. Minn.) granting defendants' motion to dismiss. The 8th Circuit agreed that plaintiff lacked standing to seek declaratory judgment that home foreclosure was invalid where claim was based on lenders' ...
Judge(s): 
Wollman, Beam, Colloton
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Seifert v. Carlson (In re Seifert)

Citation: 
Seifert v. Carlson (In re Seifert), _ B.R. _, 2015 WL 3404317 (8th Cir. BAP May 22, 2015)
Ruling: 
As the dispute over a chapter 12 debtor's exemption claim as to crop proceeds was not rendered moot by payment of those proceeds to a secured lender, the matter was reversed and remanded for further proceedings.
Judge(s): 
Federman, Nail, and Shodeen
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Kaler v. Slominski (In re Keeley and Grabanski Land Partnership)

Citation: 
2015 WL 2237147
Ruling: 
The bankruptcy court erred in calculating damages and offset under Section 550. The bankruptcy court incorrectly gave defendant an offset for costs of improvements after finding that he did not increase the value of the property. Section 550(e) states that ...
Judge(s): 
Federman, Nail, and Shodeen
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Rosemann v. Sigillito

Citation: 
Rosemann v. Sigillito, No. 14-2089 (8th Cir. May 4, 2015)
Ruling: 
The 8th Circuit affirmed the decision of the U.S. District Court (E.D. Mo.- St. Louis) granting summary judgment in favor of defendant in legal malpractice claim brought by former client against disbarred attorney. Eighth Circuit agreed that in a negligence ...
Judge(s): 
Colloton, Beam, Kelly
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Ritchie Captial Mgt., L.L.C. v. Kelley

Citation: 
Ritchie Capital Management LLC v. Kelley, __ F.3d __, 2015 WL 1963696 (8th CIr. May 4, 2015)
Ruling: 
Bankruptcy court approval of allocation of settlement proceeds was affirmed as the court did not abuse its discretion and had an adequate record to determine whether allocation was fair and in the best interests of creditors.
Judge(s): 
Bye, Beam, and Benton
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Carlson v. U.S. Bank (In re Carlson)

Citation: 
Carlson v. U.S. Bank (In re Carlson) 8th Circuit Court of Appeals, No. 14-3563, April 27, 2015 [Unpublished]
Ruling: 
In an unpublished per curiam opinion, the 8th Circuit Court of Appeals rejected Carlson’s legal arguments and affirmed the decision of the bankruptcy court, when the bankruptcy court denied his motions for relief and dismissed his chapter 13 case.
Judge(s): 
LOKEN, BOWMAN, and KELLY, Circuit Judges.
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Peet v. Checkett (In re Peet)

Citation: 
Peet v. Checkett (In re Peet), No. 14-6033 (BAP 8th Cir. Apr. 22, 2015)
Ruling: 
The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court overruling debtors' objection to chapter 7 trustee's motion to sell real estate and a pickup. BAP agreed that notwithstanding nondebtor co-owners of the sale property as of ...
Judge(s): 
Kressel, Schermer, Nail
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