The circuit court affirmed the district court’s decision to dismiss Plaintiffs’ appeal of a bankruptcy court order that approved a settlement between Debtor and Creditor. The appellate courts...
The United States Bankruptcy Appellate Panel for the Eighth Circuit overturned a bankruptcy court’s orders denying a lien avoidance motion and dismissing a related adversary proceeding. On the...
The bankruptcy appellate panel affirmed the bankruptcy court’s decision that found Creditor’s claim to be dischargeable. The bankruptcy court did not err by finding the debt dischargeable after...
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Eastern District of Arkansas (BC) to dismiss two debtors chapter 13 case,...
Judge(s):
Shon Hastings; Cynthia A. Norton; and Katherine A. Constantine
The U.S. Court of Appeals for the Second Circuit held a district court erred in granting a summary judgment to a plaintiff and affording preclusive effect to the plaintiff's unchallenged proof of...
In the context of a debtor's right to exempt their homestead, a bankruptcy court may not make an adverse inference against the debtor even if the debtor purchased new property before bankruptcy and...
Judge(s):
HASTINGS, Chief Judge, SURRATT-STATES AND CONSTANTINE, Bankruptcy Judges
The United States Bankruptcy Appellate Panel for the Eighth Circuit affirmed a bankruptcy court's judgment that a debtor could discharge a $96k private student loan debt owed to the Bank/Appellant....
The U.S. Court of Appeals for the Eleventh Circuit upheld a bankruptcy court's order denying a creditor's motion to extend the deadline to file a non-dischargeability complaint. Its "prior panel...
The circuit court reversed part of the district court’s affirmation of the bankruptcy court’s judgment and affirmed the rest. The forum-selection clause in Debtors’ and Defendants’ contract...
The Eleventh Circuit concluded that contractual ambiguities in an investment account agreement precluded the entry of summary judgment on claims concerning whether the debtor and his wife granted...
