The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

8th Circuit

O&S Trucking, Inc. v. Mercedes Benz Financial Services, USA (In re O&S Trucking, Inc.)

Citation: 
No. 15-2048 (8th Cir. Jan. 22, 2016).
Ruling: 
Bankruptcy Appellate Panel correctly dismissed as moot debtor’s appeal from order confirming chapter 11 plan, where debtor had not objected to its plan prior to confirmation. Affirmed.
Judge(s): 
Colloton, Gruender, and Shepherd.
Read on...

CRP Holdings, A-1, LLC v. O'Sullivan (In re O'Sullivan)

Citation: 
No. 15-6020 (8th Cir. B.A.P. Jan. 19, 2016).
Ruling: 
BAP affirmed bankruptcy court's finding that 522(f)(1) permits a debtor to avoid any judicial lien, including inchoate and unenforceable lien, that "fixes" upon exempt property.
Judge(s): 
Kressel, Schermer, and Nail.
Read on...

Conway v. National Collegiate Trust, et al. (In re Conway)

Citation: 
No. 15-6029 (8th Cir. B.A.P. Dec. 21, 2015).
Ruling: 
Bankruptcy court did not abuse its discretion in concluding that some, but not all, of a debtor’s student loans were nondischargeable. Affirmed.
Judge(s): 
Kressel, Saladino, and Shodeen.
Read on...

Home Service Oil Company v. Cecil (In re Cecil)

Citation: 
Home Service Oil Company v. Cecil (In re Cecil), No. 15-6026 (BAP 8th Cir. Dec. 28, 2015)
Ruling: 
The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court (E.D. Mo.) in denying the discharge of a chapter 7 debtor based on the individual's failure to disclose a number of assets and prepetition transfers. Notwithstanding ...
Judge(s): 
Federman, Saladino, Shodeen
Read on...

Thompson-Rossbach v. Doeling (In re Thompson-Rossbach)

Citation: 
No. 15-6012 (8th Cir. B.A.P. Dec. 2, 2015).
Ruling: 
Trust distributions that had become fully alienable and were no longer protected by spendthrift provisions were not excluded from the bankruptcy estate by § 541(c)(2) and were therefore available for distribution by the trustee to creditors. Affirmed.
Judge(s): 
Schermer, Saladino, and Nail.
Read on...

Dittmaier v. Sosne (In re Dittmaier)

Citation: 
Dittmaier v. Sosne (In re Dittmaier), Case No. 15-1340 (8th Cir. November 17, 2015)
Ruling: 
Missouri Revised Statue section 513.430.1(10)(a), providing for an exemption in the "right to receive . . . a public assistance benefit", is not applicable to public assistance benefits in the possession of the debtor. Public assistance benefits received by ...
Judge(s): 
Wollman, Bright and Colloton
Read on...

Curtis v. Segraves (In re Segraves)

Citation: 
Curtis v. Segraves (In re Segraves), Case No 15-6021 (8th Cir. B.A.P. November 30, 2015)
Ruling: 
Section 109 does not require a debtor to sign a statement of credit counseling under penalty of perjury, only to file a certificate from an approved agency that provided the debtor with the required services.
Judge(s): 
Kressel, Saladino, and Shodeen
Read on...

Christopher F. Janson v. Katharyn B. Davis, LLC

Citation: 
Janson v. Katharyn B. Davis, LLC, 2015 WL 7253244 (8th Cir. November 17, 2015)
Ruling: 
Dismissal of FDCPA complaint was affirmed as plaintiff did not allege a plausible violation of the statute.
Judge(s): 
Murphy, Melloy, and Smith
Read on...

Bruess v. Dietz (In re Bruess)

Citation: 
Bruess v. Dietz (In re Bruess), Case No 15-6019 (9th Cir. B.A.P. 2015)
Ruling: 
Debtor's interest in real property was not acquired until deed was recorded and did not transfer upon execution of deed. Debtor's exemption in property limited to $155,675.00 pursuant to section 522(p)(1) because interest acquired within 1215 days of filing ...
Judge(s): 
Schermer, Saladino and Nail
Read on...

Venture Bank v. Lapides

Citation: 
Venture Bank v. Lapides (In re Lapides), Case No. 14-3085 (8th Cir., August 25, 2015)
Ruling: 
Post-petition Change in Terms Agreement on third mortgage executed post-discharge and payments made thereunder were involuntary because agreement did not comply with the requirements of a reaffirmation agreement under section 524(c). A secured creditor's post-discharge forbearance is not sufficient ...
Judge(s): 
Loken, Bye, and Kelly, Circuit Judges
Read on...
Syndicate content