Milk Indus. Regulatory Office v. Ruiz Ruiz

• Summarized by Paris Gyparakis , Porzio, Bromberg & Newman, P.C.
• 1 month 1 week ago

Citation:

22-1761 (1st Circuit, Nov 21,2024) Not Published

Case Status:

Reversed

Ruling:

The planned auction of the debtor's milk quota by the Puerto Rico agency that regulates milk production (ORIL) falls squarely within the "police power" exception to the automatic stay under 11...

Judge(s):

U.S. Circuit Judges David F. Hamilton, Julie Rikelman and O. Rogeriee Thompson (Opinion by Hamilton)

Tag(s):

• 1st Circuit
• Automatic Stay
• Chapter 12/Farm Cases
• Puerto Rico
• N/A
• 11 U.S.C. § 362(b)(4)

The Security National Bank of Sioux City, IA v. Vera T. Welte Testamentary Trust

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 10 months 1 week ago

Citation:

22-3332 (8th Circuit, Mar 01,2024) Not Published

Case Status:

Dismissed

Ruling:

The U.S. Court of Appeals for the Eighth Circuit (Circuit) dismissed the appeals of the memorandum and order of the United States District Court for the Northern District of Iowa (DC) by two...

Judge(s):

Steven Colloton; Duane Benton; and Bobby Shepherd

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Mortgage
• Predatory Lending
• Professional Practice Areas
• Chapter 12/Farm Cases
• 28 U.S.C. § 158(d)(1)

Watkins v. U.S. Bank National Association (In re: Watkins)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 2 months ago

Citation:

BAP No. EC-22-1245-GLS (9th Circuit, Nov 09,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not abuse its discretion in dismissing the debtor/appellant's chapter 12 case with a three-year bar to refiling....

Judge(s):

Gan, Lafferty, and Spraker

Tag(s):

• 9th Circuit
• Claims
• Plan Confirmation
• Practice and Procedure
• Chapter 12/Farm Cases
• 11 U.S.C. § 349(a)
• 11 U.S.C. § 1208(c)
• 11 U.S.C. § 1225(a)

In re: William Howard Topp

• Summarized by Jaden Banks , Nyemaster Goode P.C.
• 1 year 5 months ago

Citation:

22-2577 (8th Circuit, Aug 02,2023) Published

Case Status:

Affirmed

Ruling:

The Eighth Circuit Court of Appeals held that the cram down provision of Section 1225(a)(5)(B)(ii) requires the bankruptcy court evaluate the ultimate risk of nonpayment, therefore courts using a...

Judge(s):

GRUENDER, ARNOLD, and KELLY

Tag(s):

• 8th Circuit
• Claims
• Chapter 12/Farm Cases

In re: Steven L. Swackhammer

• Summarized by Jaden Banks , Nyemaster Goode P.C.
• 1 year 7 months ago

Citation:

BAP No. 22-6006 (8th Circuit, May 23,2023) Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel for the Eighth Circuit (the “BAP”) affirmed the decision of the U.S. Bankruptcy Court for the Southern District of Iowa (the “Bankruptcy Court”) granting...

Judge(s):

DOW; SURRATT-STATES; and NORTON

Tag(s):

• 8th Circuit
• Practice and Procedure
• Professional Practice Areas
• Chapter 12/Farm Cases
• § 1229

In re: STEPHEN WILLIAM SLOAN

• Summarized by Michael Holmes , Grant, Konvalinka & Harrison, PC
• 2 years 3 weeks ago

Citation:

BAP No. EC-22-1119-BSG; Bk. No. 20-10809 (9th Circuit, Dec 15,2022) Not Published

Case Status:

Affirmed

Ruling:

The bankruptcy court did not err overruling Debtor's objection to claim because the Debtor was bound by an earlier agreement with Secured Creditor for the amount of post-petition interest and late...

Judge(s):

BRAND, SPAKER, and GAN

Tag(s):

• 9th Circuit
• Asset Sales
• Claims
• Plan Confirmation
• Valuation
• Discharge/Dischargeability
• Chapter 12/Farm Cases
• Real Estate

In re: TIMOTHY RUSSELL HOFFMAN

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 11 months ago

Citation:

20-12823 (11th Circuit, Jan 24,2022) Published

Case Status:

Reversed and Remanded

Ruling:

The U.S. Court of Appeals for the Eleventh Circuit (Circuit) held that Roth Individual Retirement Accounts (Roth IRAs), like customary Individual Retirement Accounts (IRAs) and 401(k) accounts, are...

Judge(s):

Charles R. Wilson; Barbara Lagoa; and Edward E. Carnes

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Financial Advisors
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Professional Practice Areas
• Business Reorganization
• Chapter 12/Farm Cases
• Finance and Banking
• Investment Banking
• Labor/Employment
• 11 U.S.C. § 522(b)(2)

In re John Finstad

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 5 months ago

Citation:

20-1857 (8th Circuit, Jul 21,2021) Published

Case Status:

Affirmed

Ruling:

In this latest chapter of a long-running dispute over farmland (Property) once owned by John and Lorie Finstad (Finstads)—and their second federal appeal involving that parcel’s ownership—the...

Judge(s):

James B. Loken; William D. Benton; and Jane L. Kelly

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Agriculture/PACA
• Business Reorganization
• Chapter 12/Farm Cases
• Finance and Banking
• Real Estate
• Small Business
• 11 U.S.C § 105; 28 U.S.C. § 157(b); 28 U.S.C § 1334

In re Adam R. Schiller

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 5 months ago

Citation:

21-6001 (8th Circuit, Jul 15,2021) Published

Case Status:

Reversed and Remanded

Ruling:

Remanding to the Bankruptcy Court for District of Minnesota (BC), the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) first vacate the BC's ruling denying a creditor's objection to the...

Judge(s):

Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraudulent Transfers
• Plan Confirmation
• Practice and Procedure
• Valuation
• Professional Practice Areas
• Business Reorganization
• Chapter 12/Farm Cases
• Finance and Banking
• Small Business
• Uniform Commercial Code/Article 9
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 3002(a); Fed. R. Bankr. P. 3015
• 11 U.S.C § 1225(b)(1); 11 U.S.C § 1225(a)(5); 11 U.S.C § 502(b)(9); 11 U.S.C § 506(a)(1); 11 U.S.C § 548(a)(1)

In re Jeffrey Brooks

• Summarized by Sarah Tomlinson , Summers Compton Wells
• 4 years 1 month ago

Citation:

United States Bankruptcy Appellate Panel Case No. 20-6014 (8th Circuit, Nov 25,2020) Published

Case Status:

Affirmed

Ruling:

The BAP affirmed the bankruptcy court (D. Neb.) in full in that cause existed to modify the automatic stay, because the Debtor was in default under the plan. The BAP agreed with the bankruptcy...

Judge(s):

The Hons. Schermer, Nail, and Dow

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Plan Confirmation
• Chapter 12/Farm Cases
• 11 U.S.C. §§ 362(a)
• 1223
• 1229

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