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8th Circuit

Roussel v. Clear Sky Properties, LLC

Citation: 
No. 15-3048 (8th Cir. July 25, 2016)
Ruling: 
The 8th Circuit affirmed the ruling of the U.S. District Court (E.D. Ark.), which affirmed the ruling of the bankruptcy court that state court award of attorneys' fees was nondischargeable. Bankruptcy court properly applied collateral estoppel to bar relitigation of ...
Judge(s): 
Smith, Gruender, Benton
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Kaler v. Slominski (In re Keeley)

Citation: 
Kaler v. Slominski (Case No. 15-2405)
Ruling: 
The Eighth Circuit Court of appeals affirmed the decision of the BAP that the bankruptcy court had incorrectly calculated the setoff awarded to the debtor's land lease tenant for improvements he had made to the land but affirmed the court's ...
Judge(s): 
Smith, Colloton, and Gritzner
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Rouse v. Rauch (In re Spence)

Citation: 
No. 16-6004 (BAP 8th Cir. Aug. 4, 2016)
Ruling: 
The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court (W.D. Mo. - Springfield) holding that a sheriff's posting of execution application and order on boat slip was sufficient notice of levy under Missouri law and created ...
Judge(s): 
Kressel, Saladino, Nail
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Civic Partners Sioux City, LLC v. Main Street Theaters, Inc., et al (In re Civic Partners Sioux City, LLC)

Citation: 
In re Civic Partners Sioux City, LLC (Case No. 15-6024)
Ruling: 
The BAP reversed the bankruptcy court's order dismissing debtor's chapter 11 bankruptcy case and remanded for further proceedings consistent with this ruling.
Judge(s): 
Kressel, Schermer, and Nail
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Hurst v. Southern Arkansas University (In re Hurst)

Citation: 
Hurst v. Southern Arkansas University (Case No. 15-6031, July 19, 2016)
Ruling: 
The bankruptcy court did not err in holding that the debtor did not meet her burden of proving that repayment of her student loan would impose an undue hardship on her.
Judge(s): 
Federman, Saladino, Shodeen (dissenting)
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Walton, Jr. v. Steward (In re Steward)

Citation: 
Walton, Jr. v. Steward (In re Steward), 2016 WL 3629028 (8th Cir. July 7, 2016)
Ruling: 
Discovery sanction and order directing disgorgement of fees paid to debtor's counsel was affirmed.
Judge(s): 
Loken, Gruender, and Kelly
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Nelson v. Midland Credit Management, Inc.

Citation: 
Nelson v. Midland Credit Management, Inc., Case No. 15-2984 (8th Cir. 2016)
Ruling: 
The filing of an accurate and complete proof of claim on a time-barred debt is not false, deceptive, misleading, unfair, or unconscionable under the FDCPA.
Judge(s): 
Wollman, Benton, Shepherd
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State of Missouri, Department of Social Services v. Spencer (In re Spencer)

Citation: 
State of Missouri, Department of Social Services v. Spencer (In re Spencer), Case No. 15-6030 (8th Cir. B.A.P. June 13, 2016)
Ruling: 
Chapter 13 discharge injunction under sections 523(a)(5) and 1328(a) does not apply to domestic support obligations, including domestic support obligations disallowed under section 502.
Judge(s): 
Kressel, Saladino, and Nail
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Opportunity Finance, LLC, et al. v. Kelley

Citation: 
Opportunity Finance, LLC, et al. v. Kelly, Case No. 15-2060 (8th Cir. May 16, 2016)
Ruling: 
The harm suffered by the net winners/lenders by the consolidation order, if any, was indirect and therefore they were not persons aggrieved. Therefore, the lenders/net winners lacked standing to appeal the consolidation order and the dismissal of the appeal ...
Judge(s): 
Smith, Bye, Benton
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Rent-A-Center East, Inc. v. Leonard (In re WEB2B Payment Solutions, Inc.)

Citation: 
Rent-A-Center East, Inc. v. Leonard (In re WEB2B Payment Solutions, Inc.), Case No. 14-3190
Ruling: 
The court held that: (1) all proceeds from the debtor's bank account from its automated clearinghouse and electronic-check conversion services to Rent-A-Center East, Inc. ("RAC") were bankruptcy estate property under Section 541(a), (2) no express trust or resulting trust was ...
Judge(s): 
Smith, Bye, and Benton
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