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 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
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 U.S. Court of Appeals for the Sixth Circuit concluded the Appellants "waived their appeal" by failing to address the bankruptcy court's two reasons for denying their motion to compel...
The U.S. Court of Appeals for the 11th Circuit affirmed the district court’s and bankruptcy court’s decisions to deny Debtor’s appeal and motion to reconsider. The bankruptcy court did not...
The U.S. Court of Appeals for the Third Circuit overturned a district court and reinstated a bankruptcy court's ruling that a liquidating trustee under a chapter 11 plan of liquidation could not...
The United States Court of Appeals for the Sixth Circuit (“6th Cir.”) dismissed the appeal of the Chapter 13 trustee for lack of jurisdiction, holding that the district court’s orders were...