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8th Circuit

Nutt v. Stafford Kees

Citation: 
Nutt v. Stafford Kees et al., No. 14-3364 (8th Cir. Aug. 12, 2015)
Ruling: 
The 8th Circuit reversed the district court (E.D. Ark. - Jonesboro), ruling that equitable successor liability did not render successor liable for delinquent contributions and breach of fiduciary duty under ERISA. After insolvent former employer violated ERISA by failing ...
Judge(s): 
Gruender, Melloy, Benton
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Heritage Bank v. Woodward (In re Woodward)

Citation: 
Heritage Bank v. Woodward (In re Woodward), Case No 15-6001 (8th Cir. B.A.P. August 13, 2015)
Ruling: 
Creditor whose claim was allowed after litigation of an objection was an allowed claim for purposes of voting and plan confirmation and creditor could not argue that creditor was not a "creditor" for the purposes of voting on the debtor's ...
Judge(s): 
Federman, Schermer, and Shodeen
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Needler v. Casamatta (In re Miller Automotive Group, Inc.)

Citation: 
Needler v. Casamatta (In re Miller Automotive Group, Inc.), Case No. 14-6047 (8th Cir. B.A.P. August 12, 2015)
Ruling: 
Section 350 clearly provides statutory authority to reopen a closed case and there is no requirement that a bankruptcy court must expressly retain jurisdiction when dismissing a case in order to reopen it at a later time. Based upon ...
Judge(s): 
Schermer, Saladino and Shodden (Bankruptcy Judges)
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Robb v. Harder (In re Robb)

Citation: 
Robb v. Harder (In re Robb), No. 15-6003 (BAP 8th Cir. July 16, 2015)
Ruling: 
The BAP for the 8th Circuit dismissed appeal for lack of jurisdiction. Debtor appealed order of bankruptcy court (W.D. Mo.- Jefferson City) overruling her objection to chapter 7 trustee's unsecured priority claim filed in her chapter 13 case. The BAP ...
Judge(s): 
Kreseel, Saladino, Shodeen
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Bowles Sub Parcel A, LLC v. CW Capital Asset Mgt. LLC (In re Bowles Sub Parcel A, LLC)

Citation: 
Bowles Sub Parcel A, LLC, et al. v. CW Capital Asset Mgt. LLC, et al. (In re Bowles Sub Parcel A, LLC, ), Nos. 14-1055, 14-1060, 14-1061, 14-1064, 14-1065 (8th Cir. July 1, 2015)
Ruling: 
The 8th Circuit affirmed the affirmed the ruling of the bankruptcy court (D. Minn.), which determined that a default-interest provision in a loan agreement was a valid liquidated-damages provision under Minnesota law. Appellants were six limited liability companies who were ...
Judge(s): 
Gruender, Shepherd, Kelly
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Meyer v. U.S. Bank National Association

Citation: 
Meyer Trust v. U.S. Bank National Association, App. No. 14-1560 (8th Cir. July 6, 2015)
Ruling: 
A revocable trust's appeal of summary judgment on tortious interference claim was not inherently frivolous, but was frivolously argued, warranting the imposition of double costs as a Rule 38 sanction.
Judge(s): 
Riley, Loken and Smith
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Gatewood v. CP Medical, LLC (In re Gatewood)

Citation: 
Gatewood v. CP Medical, LLC (In re Gatewood), Case No. 15-6008 (B.A.P. 8th Cir. July 10, 2015)
Ruling: 
The filing of an accurate proof of claim for a time-barred debt containing all required information, including the timing of the debt, standing alone, is not a prohibited debt collection practice under the FDCPA.
Judge(s): 
Kressel, Saladino, and Shodeen, Bankruptcy Judges
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Strauss v. Cole

Citation: 
Strauss v. Cole, No. 14-3302 (8th Cir. July 6, 2015)
Ruling: 
Eighth Circuit affirmed district court ((W.D. Miss. - Jefferson City) and concluded there was no basis for reversal on defendants' appeal of grant of summary judgment in favor of trustee plaintiff on trustee's suit to avoid fraudulent and preferential transfers. ...
Judge(s): 
Smith, Bowman, Colloton
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Cutcliff v. Reuter

Citation: 
Cutcliff v. Reuter, __ F.3d __, 2105 WL 3953147 (8th Cir. June 30, 2015)
Ruling: 
The individual debtor did not have standing to appeal default judgment entered against a related limited liability company, although the co-trustee of a trust did have sufficient standing to do so. Regardless, the matter was related to the bankruptcy and ...
Judge(s): 
Loken, Melloy, and Gruender
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Lariat Co. Inc. v. Wigley (In re Wigley)

Citation: 
Lariat Companies, Inc. v. Wigley (In re Wigley), No. 14-6043 (BAP 8th Cir. June 19, 2015)
Ruling: 
The BAP for the 8th Circuit affirmed in part, reversed in part, and remanded to the bankruptcy court (D. Minn.-Minneapolis) after bankruptcy court sustained debtor's objection and capped creditor's lease rejection claim, Creditor appealed, arguing that bankruptcy court's capped amount ...
Judge(s): 
Federman, Nail, Shodeen
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