Affirming the bankruptcy court, the BAP held that golf course green fees and driving range fees was not part of the lender's cash collateral as it was not rents, proceeds, or profits of the...
Lovald v. Tennyson (In re Wolk), Case No. 10-6050 (8th Cir.BAP Oct. 14, 2010)
Ruling:
The strong arm powers under section 544 provide the trustee with the powers of a bona fide purchaser. In South Dakota, a co-owner of property can overcome the presumption that property held as a...
Judge(s):
Kressel, Chief Judge, Federman, and Saladino, Bankruptcy Judges
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 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...
Eighth Circuit Court of Appeals, Docket no. 11-1553
Ruling:
On appeal, a creditor claimed the bankruptcy court had misapplied the three part test of Martin v. Commodity Credit Corporation (In re Martin), 761 F.2d 472 (8th Cir 1985), in permitting the use of...
Judge(s):
Federman, Venters, and Nail, Bankruptcy Judges, opinion by Nail.
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...
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
14 years 4 months ago
Citation:
In re McCombs, --- F.3d ----, 2011 WL 4553052 (5th Cir. Oct. 4, 2011)
Ruling:
The Fifth Circuit Court of Appeals (the "Circuit Court") ruled that: (1) pursuant to state law, the judgment creditor (H.D. Smith Wholesale Drug Co.) lacked an enforceable lien against the debtor's...
Court held that a flexible and less stringent standard is used in bankruptcy cases to determine if orders are final for purposes of appellate jurisdiction. Court further held that the business...
Judge(s):
The Hon. Smith and the Hon. Stewart, decided by a quorum due to the death of the Hon. Garwood.
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
14 years 9 months ago
Citation:
2011 WL 1833240, No. 10-2306
Ruling:
In Buchman, the Seventh Circuit rejected any suggestion that the completion of a judicial sale makes an appeal related to the sale equitably moot. The Court noted that even where it would be...
