Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
13 years 7 months ago
Citation:
Case No. 11-1900 (8th Cir. July 25, 2012)
Ruling:
The automatic stay does not apply to an action against a Debtor's improvement districts formed under Arkansas law because the improvement districts are neither property of the Debtor nor the...
In re: Santana Cline, Case No. 11-8075 (6th Cir. BAP June 1, 2012)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit affirmed the bankruptcy court’s order dismissing the Debtor’s Chapter 13 case and imposing a two-year filing bar. Such a bar is permissible...
DISSMISSAL of appeal due to untimeliness and AFFIRMING lower court's denial of creditor's motion for reconsideration of order in connection with a motion to amend.
Judge(s):
US Bankruptcy Appellate Panel Judges, Boroff, Deasy and Bailey.
In re Vistacare Group, LLC, et. al., No. 11-2695 (May 4, 2012 3d Cir.) (Precedential)
Ruling:
The Third Circuit Court of Appeals held that the Barton doctrine, which requires a party seeking to sue a court-appointed receiver, to first obtain leave of the appointing court, applies to...
Summarized by Aletheia Allen , New Mexico Court of Appeals
13 years 10 months ago
Citation:
Gladwell v. Reinhart, Case No. 2:08-CV-00562-DAK (April 24, 2012), unpublished
Ruling:
The Tenth Circuit Court of Appeals held that (i) the debtor's Keogh retirement plan was generally exempt under Utah state law because it substantially complied with the IRS tax requirements, (ii)...
Summarized by John Marck , OFFICE OF THE DISTRICT ATTORNEY
13 years 11 months ago
Citation:
Case No. 12-6008 (8th Cir. Apr. 5, 2012)
Ruling:
Affirmed bankruptcy court's order holding that mechanic liens attach to an earnest money deposit of the highest bidder at an auction sale of the property, who failed to purchase the property. Such...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 3 months ago
Citation:
Case No. 11-6005 (8th Cir. B.A.P. Nov. 25, 2011)
Ruling:
The court affirmed the ruling of the bankruptcy court. The court found that the bankruptcy court did not abuse its discretion in ruling that the complaint was not barred by Fed. R. Bankr. P. 7004...
United States Court of Appeals for the Eighth Circuit, No. 10-2568
Ruling:
The court held that a purportedly secured lender's claims against non-debtor insiders of the borrower entity, which had been placed in federal court receivership, were not barred by the anti-suit...