8th Circuit

Cawley v. Celeste (In re Athens/Alpha Gas Corp.)

Summarized by Alexander Nicas, LL.M. in Bankruptcy Candidate, St. John's University School of Law 1 week 4 days ago

8th Circuit, 11 U.S.C. § 544, 11 U.S.C. § 1141, Claims, Plan Confirmation, Bankruptcy Litigation, Business Reorganization

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Citation:

Cawley v. Celeste (In re Athens/Alpha Gas Corp.), No. 12-1555 (8th Cir. May 9, 2013)

Ruling:

Because the judgment of the Supreme Court of North Dakota, holding that the appellant's claims were barred, satisfied the elements of North Dakota's res judicata doctrine, the full faith and credit statute (28 U.S.C. § 1738) required the Eight Circuit ...

Judge(s):

RILEY, COLLOTON, GRUENDER. Opinion by COLLOTON.

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Hathorn v. Petty (In re Petty)

Summarized by Lars Fuller, Baker & Hostetler LLP 1 week 5 days ago

8th Circuit, 11 U.S.C. § 523, Federal Rule 4007, Federal Rule 9006, Claims, Consumer Debt, Consumer Bankruptcy, Bankruptcy Litigation, Discharge/Dischargeability

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Citation:

8th Cir. BAP, Case No. 13-6002 (May 8, 2013)

Ruling:

REVERSED. The 8th Circuit BAP reversed the decision of Bankrupcy Court (W.D. Ark - Fayetteville) after the Bankruptcy Court dismissed creditors' 523(a)(6) complaint as being untimely. The BAP ruled that because debtor did not notify creditors of the bankruptcy ...

Judge(s):

8th Cir. BAP Panel Judges Saladino, Kressel, and Shodeen (Opinion by Thomas L. Saladino)

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Bank of the West v. Damon Pursell Construction Co. (In re Damon Pursell Construction Co.)

Summarized by Michael Tamburini, Polsinelli Shughart, PC 2 weeks 10 hours ago

8th Circuit, Claims, Asset Sales, Bankruptcy Litigation, Uniform Commercial Code/Article 9

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Citation:

Bank of the West v. Damon Pursell Construction Company (In re Damon Pursell Construction Co.), Case No. 13-6015

Ruling:

The BAP affirmed the decision of the bankruptcy court granting summary judgment in favor of Bank of the West ("BOW") and rejecting National Bank of Kansas City's ("NBKC") request for equitable relief, and ruling that BOW had a first priority ...

Judge(s):

Kressel, Schermer, and Nail

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Longaker v. Boston Scientific Corp.

Summarized by Brendan Gage, U.S. Bankruptcy Court, Eastern & Western Districts of Arkansas 3 weeks 1 day ago

8th Circuit, 11 U.S.C. § 541, Federal Rule 7012, Labor/Employment, Consumer Bankruptcy

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Citation:

No. 12-2482 (8th Cir. Apr. 26, 2013)

Ruling:

To have standing to assert a breach of contract action where the debtor seeks monies that allegedly constitute earnings for postpetition services that are exempt from property of the estate under § 541(a)(6), the debtor must have actually rendered ...

Judge(s):

Wollman, Bye, and Benton, Circuit Judges.

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Pillar Capital Holdings, LLC v. Williams (In re Living Hope Southwest Medical Services, LLC)

Summarized by Omid Moezzi, Nancy Curry Chapter 13 Trustee 3 weeks 1 day ago

8th Circuit, 11 U.S.C. § 364, 11 U.S.C. § 549, Health Care, Practice and Procedure, Business Reorganization, Professional Practice Areas, Bankruptcy Process and Procedure

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Citation:

Case No. 12-2044 (8th. Cir. Court of Appeals - Western District of Arkansas) (April 26, 2013 - Unpublished)

Ruling:

AFFIRMING the judgment of the bankruptcy court and district court that post-petition payments to creditor-insider was a transfer avoidable by the chapter 7 trustee.

Judge(s):

Smith, Beam and Gruender.

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

Summarized by Brendan Gage, U.S. Bankruptcy Court, Eastern & Western Districts of Arkansas 3 weeks 4 days ago

8th Circuit, Discharge/Dischargeability

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Citation:

No. 12-2925 (8th Cir. Apr. 25, 2013) (per curiam)

Ruling:

Affirming the Bankruptcy Appellate Panel (the “BAP”), the Eighth Circuit Court of Appeals held that the bankruptcy court (the “BC”) did not clearly err in finding that the debtor failed to establish that his student loan debt was dischargeable based ...

Judge(s):

Loken, Melloy, and Benton, Circuit Judges.

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Heide v. Juve (In re Juve)

Summarized by Michael Tamburini, Polsinelli Shughart, PC 4 weeks 2 days ago

8th Circuit, Bankruptcy Litigation, Discharge/Dischargeability

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Citation:

Heide v. Juve (Case No. 12-6058)

Ruling:

The BAP reversed the bankruptcy court's finding that a $300,000 loan made to the debtor under an oral agreement to allow the debtor to purchase vehicles for resale in his business was made in reliance on a fraudulent misrepresentation ...

Judge(s):

Federman, Schermer, and Nail

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Schlehuber v. Fremont National Bank & Trust Co. (In re Schlehuber)

Summarized by Alexander Nicas, LL.M. in Bankruptcy Candidate, St. John's University School of Law 5 weeks 5 days ago

8th Circuit, 11 U.S.C. § 706, 11 U.S.C. § 707, Consumer Bankruptcy

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Citation:

Schlehuber v. Fremont National Bank & Trust Co. (In re Schlehuber), No. 12-6063 (B.A.P. 8th Cir. April 9, 2013)

Ruling:

11 U.S.C. 706(b) states that on request of a party in interest, the court may convert a case under chapter 7 to a case under chapter 11. Thus, nothing in the statute requires that the debtor's interest should control ...

Judge(s):

SCHERMER, NAIL, AND SHODEEN

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Bourgeois v. Bank of America (In re Bourgeois)

Summarized by Shara Cornell, U.S. Bankruptcy Court, Eastern District of Virginia 5 weeks 5 days ago

8th Circuit, 11 U.S.C. § 109, Federal Rule 8001, Federal Rule 8002, Federal Rule 8015, Federal Rule 8019, Federal Rule 9006, Federal Rule 9023, Federal Rule 9024, Venue/Jurisdiction, Consumer Bankruptcy, Practice and Procedure

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Citation:

Bourgeois v. Bank of America (In re Bourgeois), No. 12-6056 (8th Cir. BAP March 22, 2013)

Ruling:

Incarceration was not an exigent circumstance and Debtor did not meet the standard for a Motion for Relief from Final Judgment, Order or Proceeding under FRCP 59(e) and FRBP 9023.

Judge(s):

Chief Judge Federman, Judge Saladino, Judge Nail

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Seaver v. Klein-Swanson (In re Klein-Swanson)

Summarized by Omid Moezzi, Nancy Curry Chapter 13 Trustee 7 weeks 6 days ago

8th Circuit, 11 U.S.C. § 341, 11 U.S.C. § 541, 11 U.S.C. § 549, 11 U.S.C. § 727, Federal Rule 7054, Consumer Bankruptcy, Fraudulent Transfers, Discharge/Dischargeability, Personal Bankruptcy Topics, Bankruptcy Process and Procedure

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Citation:

8th. Cir BAP (Case No. 12-6054) - March 22, 2013

Ruling:

Reversal of the bankruptcy court's ruling in favor of the Chapter 7 trustee stating that (1) there was no transfer of funds under Section 549 or 550 to the debtor, (2) the trustee failed to show how the estate acquired ...

Judge(s):

Federman, Schermer and Nail.

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8th Circuit

Cawley v. Celeste (In re Athens/Alpha Gas Corp.)

Hathorn v. Petty (In re Petty)

Bank of the West v. Damon Pursell Construction Co. (In re Damon Pursell Construction Co.)

Longaker v. Boston Scientific Corp.

Pillar Capital Holdings, LLC v. Williams (In re Living Hope Southwest Medical Services, LLC)

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

Heide v. Juve (In re Juve)

Schlehuber v. Fremont National Bank & Trust Co. (In re Schlehuber)

Bourgeois v. Bank of America (In re Bourgeois)

Seaver v. Klein-Swanson (In re Klein-Swanson)

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