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8th Circuit

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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BancInsure Inc. v. Highland Bank

Citation: 
BancInsure, Inc. v. Highland Bank, No. 13-3324 (8th Cir. March 3, 2015)
Ruling: 
The 8th Circuit affirmed the ruling of the U.S. District Court (D. Minn.) granting summary judgment in favor of an insurer for denying coverage to a claimant. The 8th Circuit agreed that under the doctrine of proximate cause, ...
Judge(s): 
Loken, Beam, and Gruender
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Civic Partners Sioux City, LLC v. Main Street Theaters, Inc. (In re Civic Partners Sioux City, LLC)

Citation: 
No. 13-3636 (8th Cir. Mar. 3, 2015).
Ruling: 
The Court of Appeals lacks jurisdiction over appeals from non-final orders of the Bankruptcy Appellate Panel. In particular, an order denying confirmation of a chapter 11 plan of reorganization is interlocutory, and therefore nonappealable. Appeal dismissed.
Judge(s): 
Murphy, Smith, and Gruender.
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PW Enterprises, Inc. v. State of North Dakota

Citation: 
No. 14-1077 (8th Cir. Feb. 20, 2015).
Ruling: 
North Dakota law, which did not explicitly authorize the state to collect taxes for “account wagering,” did not impliedly authorize the collection of such taxes either. Accordingly, taxes collected by the state prior to the amendment of North Dakota ...
Judge(s): 
Riley, Wollman, and Bye.
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Running v. Miller (In re Miller)

Citation: 
No. 13-3682 (8th Cir. Feb. 13, 2015).
Ruling: 
Funds taken from an individual retirement account for the purpose of purchasing an annuity retain their exempt status under 11 U.S.C. § 522(b)(3)(C) as “retirement funds…in a fund or account that is exempt from taxation under [28 U.S.C. § ...
Judge(s): 
Murphy, Smith, and Gruender.
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Williams v. Living Hope Southeast, LLC

Citation: 
Williams v. Living Hope Southeast, LLC, No. 14-6030 (BAP 8th Cir. Jan. 29, 2015)
Ruling: 
The BAP for the 8th Circuit affirmed the order of the bankruptcy court (W.D. Ark - Texarkana) denying debtor's motion for reconsideration following the bankruptcy court's sanction order. The BAP concluded that the bankruptcy court did not err in ...
Judge(s): 
Federman, Schermer, and Shodeen
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Powers v. Credit Management Services, Inc.

Citation: 
No. 13-2831 (8th Cir. Jan. 13, 2015).
Ruling: 
Standard form complaints and discovery requests served on debtors by a consumer debt collector did not, on their face, violate the Fair Debt Collections Practices Act, and therefore were insufficient to support class certification under Fed. R. Civ. P. 23(b).
Judge(s): 
Wollman, Loken, and Murphy.
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Starion Financial v. McCormick (In re McCormick)

Citation: 
Starion Financial v. McCormick (In re McCormick), 8th Cir. B.A.P (No. 14-6008), December 24, 2014
Ruling: 
The 8th Circuit Bankruptcy Appellate Panel reversed the bankruptcy court’s order denying Starion Financial's Motion to Compel Payment of Fees Under the Confirmed Plan of Reorganization and granting the Debtors’ Motion to Disallow Attorneys’ Fees and Costs. The ...
Judge(s): 
FEDERMAN, Chief Judge, SALADINO and SHODEEN, Bankruptcy Judges. Opinion authored by Judge Shodeen.
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