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8th Circuit

Behrens v. U.S. Bank Ntl Assoc. (In re Behrens)

Citation: 
Behrens v. U.S. Bank Ntl Assoc. (In re Behrens), 8th Circuit Court of Appeals, No. 14-1038, No. 14-1041, No. 13-2700, April 14, 2014 [Unpublished]
Ruling: 
In a series of unpublished per curiam opinions, the 8th Circuit Court of Appeals, affirmed the Bankruptcy Appellate Panel ruling upholding the Bankruptcy Court's order terminating the automatic stay under 362 (d)(4) permitting the completion of the foreclosure proceeding on ...
Judge(s): 
WOLLMAN, GRUENDER, and SHEPHERD, Circuit Judges.
Read on...

Sailor Music v. Walker

Citation: 
Sailor Music v. Walker, Case No. 14-6012 (8th Cir. BAP August 8, 2014)
Ruling: 
Bankruptcy court determination that debtor's violation of federal copyright laws constituted nondischargable willful and malicious injury was affirmed.
Judge(s): 
Kressel, Saladino, and Shodeen
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Heide v. Heide (In re Juve)

Citation: 
Heide v. Heide (In re Juve), 8th Cir. Court of Appeals, No. 13-2054 (July 31, 2014)
Ruling: 
The Court of Appeals for the 8th Circuit reversed the Bankruptcy Appellate Panel (BAP), which found that the bankruptcy court clearly erred in its factual findings, and directed reinstatement of the bankruptcy court's judgment that the debt was nondischargeable under ...
Judge(s): 
SMITH, BEAM, and BENTON, Circuit Judges. Judge Smith wrote the opinion
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Shaffer v. Bird, II (In re Bird, II)

Citation: 
Shaffer v. Bird, II (In re Bird, II), No. 14-6003 (8th Cir BAP July 8, 2014)
Ruling: 
The Eighth Circuit Court of Appeals affirmed the lower court's determination that a former bankruptcy trustee's breaches of fiduciary duty to bankruptcy estate constituted a non-dischargeable debt in his own bankruptcy case.
Judge(s): 
Kressel, Nail, and Shodeen
Read on...

Lewis Brothers Bakeries Inc. v. Interstate Brands Corp.

Citation: 
Lewis Brothers Bakeries Inc. v. Interstate Brands Corp., 8th Cir. Court of Appeals, No. 11-1850 [June 6, 2014]
Ruling: 
In an En Banc decision, the 8th Circuit Court of Appeals reversed the judgment of the district court and bankruptcy court that held that the material and outstanding obligations of the licensing agreement had yet to be performed or constituted ...
Judge(s): 
RILEY, Chief Judge, WOLLMAN, LOKEN, MURPHY, BYE, SMITH, COLLOTON, GRUENDER, BENTON, SHEPHERD, and KELLY, Circuit Judges, En Banc.
Read on...

Pettry v. Patriot Coal Corp. (In re Patriot Coal Corp.)

Citation: 
No. 14-6005 (8th Cir. B.A.P. June 5, 2014)
Ruling: 
The B.A.P. affirmed the bankruptcy court’s denial of claimant’s motion for reconsideration of an order sustaining debtor’s omnibus objection to claims.
Judge(s): 
Kressel, Saladino, and Shodeen.
Read on...

Ocwen Loan Servicing LLC v. Summit Bank (In re Francis)

Citation: 
No. 13-1615 (8th Cir. April 25, 2014)
Ruling: 
The Tenth Circuit affirmed the district court’s ruling that the doctrine of equitable subrogation would not operate to grant Ocwen a first-priority lien on certain real property owned by the debtor.
Judge(s): 
Wollman, Loken, and Kelly.
Read on...

Goldstein v. Diamond (In re Diamond)

Citation: 
Goldstein v. Diamond (In re Diamond), Case No. 14-6001 (B.A.P. 8th Cir. Apr. 22, 2014)
Ruling: 
A plaintiff filing a complaint objecting to discharge under 11 U.S.C. Sec. 523(a)(3)(B) is not required to move to reopen the underlying bankruptcy case. A bankruptcy court's jurisdiction arises from 28 U.S.C. Sec. 1334 and does not terminate simply ...
Judge(s): 
Federman, Kressel, and Saladino
Read on...

Manty v. Johnson (In re Johnson)

Citation: 
In Re Johnson, 8th Circuit Bankruptcy Appellate Panel, No. 13-6050. (April 22, 2013)
Ruling: 
The 8th Circuit Bankruptcy Appellate Panel reversed the ruling of the Bankruptcy Court permitting the Debtor’s claimed exemption in her property tax refund as a “government assistance". The 8th Circuit Bankruptcy Appellate Panel concluded that the property tax refund ...
Judge(s): 
FEDERMAN, Chief Judge, SCHERMER and NAIL, Bankruptcy Judges.
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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
Read on...
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