In re John Finstad

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):

In re Adam R. Schiller

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):

In re Jeffrey Brooks

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):

In re: Philip Charles DeVries

Citation:
20-6011 (8th Circuit, Nov 25,2020) Published
Case Status:
Reversed
Ruling:
As to whether § 1232 allows a Chapter 12 plan to compel a taxing authority to disgorge pre-petition withholdings, the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) held that this...
Judge(s):
Barry S. Schermer (Author); Charles L. Nail, Jr.; and Dennis R. Dow
Tag(s):

Nathaniel Hake v. Michael Simpson

Citation:
18-3785 (6th Circuit, May 01,2019) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirmed the dismissal of plaintiff's complaint under the Rooker-Feldman doctrine, holding that while there is an exception to Rooker-Feldman for injuries caused by a...
Judge(s):
Clay, Gilman and Kethledge; Opinion by Clay
Tag(s):

In re Perkins

Citation:
17-8001/8008; File Name: 18b0002p.06 (6th Circuit, Mar 13,2018) Published
Case Status:
Affirmed
Ruling:
Affirming, the Sixth Circuit BAP adopted the Sixth Circuit's chapter 13 standard for calculating debts for purposes of chapter 12 debt limits - reliance on the debtor's schedules, if they were...
Judge(s):
Delk, Harrison and Humphrey. Opinion by Humphrey
Tag(s):

Haffey v. Crocker

Citation:
15-8018/8027 (6th Circuit, Nov 28,2017) Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit BAP held the notice provided by the Bankruptcy Court's order of May 29, 2015 was not reasonably calculated to give the Debtor notice of what issues would be considered at June 2,...
Judge(s):
Humphrey, Opperman and Preston. Opinion by Preston
Tag(s):

Crop Production Services, Inc. v. Kelley (In the Matter of Grabanski)

Citation:
16-40830 (5th Circuit, Jun 20,2017) Not Published
Case Status:
Affirmed
Ruling:
Once a final judgment was entered by default against a partnership, with its former general partners' knowledge, they were not entitled to have that judgment set aside after prevailing on a related...
Judge(s):
Barksdale, Graves and Higginson (per curiam)
Tag(s):

Davis v. U.S. Bank, N.A. (In re Davis)

Citation:
Davis v. U.S. Bank, N.A. (In re Davis), No. 12-60069 (9th Cir. Feb. 17, 2015)
Ruling:
The 9th Circuit affirmed the ruling of the BAP, which had affirmed the ruling of the bankruptcy court, dismissing debtor's chapter 12 bankruptcy because debtor's debts exceeded the statutory limit....
Judge(s):
Graber, Gould, Callahan
Tag(s):

Fischer v. Great Western Bank (In re Fischer)

Citation:
Fischer v. Great Western Bank (In re Fischer), No. 13-6043 (BAP 8th Cir. November 18, 2013)
Ruling:
The Eighth Circuit BAP affirmed the bankruptcy court's denial of debtor's motion for contempt against lender. The BAP found that the bankruptcy court's order simply approving the stipulation did...
Judge(s):
Federman, Kressel, Nail
Tag(s):

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