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8th Circuit

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Carlson v. U.S. Bank (In re Carlson) 8th Circuit Court of Appeals, No. 14-3563, April 27, 2015 [Unpublished]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In an unpublished per curiam opinion, the 8th Circuit Court of Appeals rejected Carlson’s legal arguments and affirmed the decision of the bankruptcy court, when the bankruptcy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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O&S Trucking, Inc. v. Mercedes Benz Financial Services USA (In re O&S Trucking, Inc.)

Citation: 
O&S Trucking, Inc. v. Mercedes Benz Financial Services USA (In re O&S Trucking, Inc.), 2015 WL 1528302 (8th Cir. BAP April 7, 2015)
Ruling: 
Bankruptcy Appellate Panel dismissed debtor's appeal from order confirming its third amended plan on grounds that the debtor did not have standing and the debtor's arguments were moot.
Judge(s): 
Kressel, Schermer, and Nail
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Wilson v. Walker (In re Walker)

Citation: 
Wilson v. Walker (In re Walker), 8th Cir. Bankruptcy Appellate Panel, No. 14-6032, April 7, 2015
Ruling: 
The BAP for the 8th Circuit affirmed the bankruptcy court (W.D. Mo.-Springfield), which denied plaintiff's (1) requests for: (a) judgment of nondischargeability under 11 USC 523 against debtor; (b) enforcement of money judgment against debtor's non-filing spouse and entity; (2) ...
Judge(s): 
KRESSEL, SCHERMER and NAIL, Bankruptcy Judges. Judge SCHERMER, authored the opinion
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Bowman v. Casamatta (In re: Bowman)

Citation: 
Bowman v. Casamatta (In re Bowman), No. 14-6034 (BAP 8th Cir. Mar. 18, 2015)
Ruling: 
BAP affirmed bankruptcy court's denial of motion to reopen chapter 11 case. Original case had been dismissed for cause nearly a decade prior before any plan was confirmed. BAP ruled that 11 USC 350(b) did not authorize reopening case that ...
Judge(s): 
Kressel, Schermer, Nail
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Stoebner v. JPMorgan Chase Bank

Citation: 
14-1154, 2015 WL 1020736
Ruling: 
Eighth Circuit affirmed bankruptcy court's finding that liens should be avoided as fraudulent conveyances because a sufficient number of the traditional badges of fraud were present to give rise to a presumption of fraud sufficient to grant summary judgment to ...
Judge(s): 
Riley, Wollman, and Bye
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Pierce v. Collection Associates, Inc. (In re Pierce)

Citation: 
No. 14-1365 (8th Cir. B.A.P. Mar. 9, 2015).
Ruling: 
Transfers sought to be avoided by the debtors as preferential totaled less than $600 in the aggregate, and were therefore subject to the § 547(c)(8) defense for consumer payments. Affirmed.
Judge(s): 
Colloton, Bright, and Shepherd.
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