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8th Circuit

Bugg v. Gray (In re Gray)

Citation: 
Bugg v. Gray (In re Gray), 2014 WL 6611089 (8th Cir. BAP November 24, 2014)
Ruling: 
Bankruptcy court order awarding damages for willful violation of the automatic stay was affirmed as to actual damages but reversed as to punitive damages because there was no evidence of egregious, intentional misconduct.
Judge(s): 
Federman, Kressel, and Schermer
Read on...

Carter v. First National Bank of Crossett

Citation: 
______ Fed.Appx. ____
Ruling: 
Bank did not willfully violate the automatic stay when it continued a replevin action against a assigned its assets to the debtor. Because the bank did not know, it did not act willfully and the bankruptcy court did not abuse ...
Judge(s): 
Bye, Shepherd, Kelly
Read on...

Carlson v. U.S. Bank (In re Carlson)

Citation: 
Carson v. U.S. Bank, N.A. (In re Carlson), No. 14-6024 (BAP 8th Cir. October 17, 2014)
Ruling: 
The 8th Circuit BAP affirmed the rulings of the U.S. Bankruptcy Court for the District of Minnesota denying debtors' motion for violation of automatic stay, violation of homestead exemption, violation of discharge, and creditor misconduct. The BAP ruled that ...
Judge(s): 
Federman, Saladino, Shodeen
Read on...

Stalnaker v. Allison (In re Tri-State Financial, LLC)

Citation: 
Stalnaker v. Allison, et al., No. 14-6018, No. 14-6019, 14-6020, 14-6025 (BAP 8th Cir. October 23, 2014)
Ruling: 
The 8th Circuit BAP reversed and remanded an order of the U.S. Bankruptcy Court for the District of Nebraska - Omaha, ruling that although (a) the bankruptcy did not exceed its mandate on remand; and (b) properly did not apply ...
Judge(s): 
Kressel, Schermer, and Nail
Read on...

Nielsen v. ACS, Inc. (In re Nielsen)

Citation: 
Nielsen v. ACS, Inc (In re Nielsen), Case No. 13-6034 (8th Cir. BAP October 27, 2014)
Ruling: 
The Bankruptcy Appellate Panel affirmed the bankruptcy court's determination that the debtor's student loans were not dischargeable.
Judge(s): 
Federman, Schermer, and Saladino
Read on...

Bisges v. Garula (In re Clink)

Citation: 
In re Clink, 2014 WL 5335735 (8th Cir. October 21, 2014)
Ruling: 
The Eighth Circuit affirmed a decision imposing sanctions against an attorney for conduct related to the preparation of a debtor's bankruptcy schedules.
Judge(s): 
Riley, Smith, and Kelly
Read on...

Clear Sky Properties, LLC v. Roussel (In re Roussel)

Citation: 
Clear Sky Properties, LLC v. Roussel (In re Roussel), No. 14-1150 (8th Cir. October 3, 2014)
Ruling: 
Eighth Circuit dismissed debtor's appeal for lack of jurisdiction pursuant to 28 USC 158. Eighth Circuit ruled that district court decision, reversing bankruptcy court and remanding for determination of the dischargeability of state court attorney fee award, was not ...
Judge(s): 
Benton, Beam, Shepherd
Read on...

Larson, III v. Foster (In re Foster)

Citation: 
Larson v. Foster (In re Foster), Case No. 14-6007 (8th Cir. BAP 2014)
Ruling: 
Court affirmed dismissal of creditor's fraudulent conveyance action and denial of creditor's motion for retroactive approval of prosecution of derivative action.
Judge(s): 
Kressel, Saladino, and Shodeen
Read on...

Christians v. Dmitruk (In re Dmitruk)

Citation: 
Christians v. Dmitruk (In re Dmitruk), 8th Cir. B.A.P. (14-6023), September 15, 2014
Ruling: 
The 8th Circuit Bankruptcy Appellate Panel affirmed the order of the Bankruptcy Court overruling the Trustee’s objection to the Debtor’s claimed exemption in the portion of his state income tax refund which came from the Minnesota Education Credit, as “government ...
Judge(s): 
FEDERMAN, Chief Judge, SALADINO and SHODEEN, Bankruptcy Judges
Read on...

Agri Star Meat & Poultry, LLC v. Nevel Properties Corp.

Citation: 
Agri Star Meat & Poultry, LLC v. Nevel Properties Corp., 8th Cir. Court of Appeals, No. 13-1161, August 28, 2014
Ruling: 
The 8th Circuit Court of Appeals upheld the ruling by the 8th Circuit district court and the bankruptcy court which concluded that SHF did not have any rights to a well located on land owned by Nevel. The bankruptcy ...
Judge(s): 
RILEY, Chief Judge, MELLOY and BENTON, Circuit Judges.
Read on...
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