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8th Circuit

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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GE Capital Commercial, Inc. v. Sylva Corp (In re Sylva Corp)

Citation: 
GE Capital Commercial, Inc. v. Sylva Corp (In re Sylva Corp), No. 14-61016 (BAP 8th Cir. Nov. 26, 2014)
Ruling: 
The BAP for the 8th Circuit reversed and remanded to the bankruptcy court (D. Minn.) after the bankruptcy court denied an equipment lessor's motion for administrative expense claim. The BAP ruled that the bankruptcy court erroneously failed to analyze ...
Judge(s): 
Federman, Saladino, Shodeen
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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
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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
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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
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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
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