8th Circuit

Cox, Trustee v. Momar Inc. (In re Affiliated Foods Southwest Inc.)

Citation: 
Cox v. Momar Inc., No. 13-1721 (8th Cir. April 10, 2014)
Ruling: 
The 8th Circuit affirmed the U.S. District Court's (E.D. Arkansas) grant of summary judgment in favor of defendant, finding that ordinary course of business exception barred avoidability of otherwise preferential transfer. Court concluded transfer was made in the ordinary course ...
Judge(s): 
Wollman, Loken, Kelly
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Borm v. CitiMortgage, Inc. (In re Borm)

Citation: 
CitiMortgage, Inc. v. Borm (In re Borm), Case No. 13-6065 (B.A.P. 8th Cir. Apr. 2, 2014)
Ruling: 
Bankruptcy court abused its discretion in denying mortgage creditor's request for relief from automatic stay when debtors missed significant number of post-petition mortgage payments contrary to debtors' chapter 13 plan.
Judge(s): 
Federman, Schermer, and Nail
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Stoebner v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.)

Citation: 
Stoebner v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.), No. 12-3899 & No. 12-4011 (8th Cir. March 20, 2014)
Ruling: 
The Eighth Circuit affirmed the BAP's allowance of new value as a preference offset, but reduced the amount of preference liability based on an incorrect calculation by the BAP. In an issue of first impression, the Eighth Circuit ruled that in ...
Judge(s): 
Loken, Gruender, and Shepherd
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Schlehuber v. Fremont National Bank & Trust Co. (In re Schlehuber)

Citation: 
In Re Schlehuber, 8th Cir. Court of Appeals, No. 13-2070 [March 19, 2014][Unpublished]
Ruling: 
In an unpublished per curiam opinion, the 8th Circuit Court of Appeals affirmed the ruling of the Bankruptcy Appellate Panel and the Bankruptcy Court, which held that a creditor has the standing and the right pursuant to bankruptcy code, to ...
Judge(s): 
WOLLMAN, MURPHY, and SMITH,
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Young v. Young (In re Young)

Citation: 
2014 WL 944846
Ruling: 
The 8th Circuit BAP affirmed the Bankruptcy Court's imposition of sanctions pursuant to Rule 9011, but reversed the imposition of sanctions under the Bankruptcy Court's inherent powers, holding that counsel did not have notice and an opportunity to a ...
Judge(s): 
Kressel, Schermer, and Shodeen
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Williams v. King

Citation: 
No. 12-3701 (8th Cir. March 5, 2014).
Ruling: 
Finding no error in the bankruptcy court’s findings, the Eighth Circuit affirmed the bankruptcy court’s denial of reconsideration of an earlier order imposing sanctions on the appellent for seeking to collect a post-discharge debt from the debtor/appellee.
Judge(s): 
Riley, Bye, and Gruender.
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Kaler v. Bala (In re Racing Services, Inc.)

Citation: 
Kaler v. Bala (In re Racing Services, Inc.), Case No. 13-1086 (8th Cir. February 27, 2014)
Ruling: 
Bankruptcy court award of the cash value proceeds of a former employee's life insurance policy to her employer (the debtor) was reversed by the Eighth Circuit on the grounds that the debtor held only a limited right to the funds ...
Judge(s): 
Riley, Melloy, and Kelly
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Nielsen v. ACS, Inc. (In re Nielsen)

Citation: 
2014 WL 503174 (8th Cir.)
Ruling: 
The Eighth Circuit vacated the Bankruptcy Appellate Panel's order dismissing as untimely the debtor's appeal of the bankruptcy court's order dismissing her adversary proceeding because the bankruptcy court failed to enter a separate written judgment as required by Federal Rule ...
Judge(s): 
Wollman, Murphy and Smith
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Behrens v. US (In re Behrens)

Citation: 
No. 13-6052 (8th Cir. B.A.P. February 12, 2014).
Ruling: 
Affirming the bankruptcy court’s ruling, the Eighth Circuit Bankruptcy Appellate Panel held that a bankruptcy case or adversary proceeding may not be used as a means to collaterally attack a prepetition final criminal judgment.
Judge(s): 
Schermer, Nail, and Shodeen.
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Stalnaker v. Allison, et al. (In re Tri-State Financial, LLC)

Citation: 
B.A.P. 8th Cir. (February 5, 2014)
Ruling: 
Reverse and remand by the Bankruptcy Appellate Panel to the bankruptcy court to consider creditors and trustee's arguments.
Judge(s): 
Kressel, Schermer, and Nail.
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