Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 10 months ago
Citation:
In Re Johnson, 8th Circuit Bankruptcy Appellate Panel, No. 13-6050. (April 22, 2013)
Ruling:
The 8th Circuit Bankruptcy Appellate Panel reversed the ruling of the Bankruptcy Court permitting the Debtor’s claimed exemption in her property tax refund as a “government assistance". The 8th...
Judge(s):
FEDERMAN, Chief Judge, SCHERMER and NAIL, Bankruptcy Judges.
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 11 months ago
Citation:
In Re Barker, 9th Cir. B.A.P., MT-13-1393-JuKuPa (March 28, 2014) [Unpublished]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling by the bankruptcy court which held, the bankruptcy court did not have the discretion to allow a late filed...
Santiago-Monteverde v. Pereira (In re Santiago-Monteverde), No. 12-4131 (2d Cir. Mar. 31, 2014)
Ruling:
The United States Court of Appeals for the Second Circuit (“Second Circuit”) certified to the New York Court of Appeals the question: “may a rent-stabilized tenant prevent the assumption and...
In re Bishop, No. 13-3805 (3d Cir. Mar. 21, 2014) (unpublished) (per curiam)
Ruling:
State court judgment may not be appealed to bankruptcy court because bankruptcy court lacks jurisdiction to review the merits of a state court proceeding.
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 11 months ago
Citation:
In Re Schlehuber, 8th Cir. Court of Appeals, No. 13-2070 [March 19, 2014][Unpublished]
Ruling:
In an unpublished per curiam opinion, the 8th Circuit Court of Appeals affirmed the ruling of the Bankruptcy Appellate Panel and the Bankruptcy Court, which held that a creditor has the standing...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 12 months ago
Citation:
2014 WL 944846
Ruling:
The 8th Circuit BAP affirmed the Bankruptcy Court's imposition of sanctions pursuant to Rule 9011, but reversed the imposition of sanctions under the Bankruptcy Court's inherent powers, holding...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 12 months ago
Citation:
In Re Huh, 9th Cir B.A.P., CC-12-1633-En Banc (March 11, 2014) [Published]
Ruling:
In a published opinion, the Bankruptcy Appellate Panel for the 9th Circuit affirmed the bankruptcy court finding that that imputed liability of a principal for the active fraud of an agent would...
Judge(s):
En Banc: Dunn, Pappas, Kirsher, Taylor & Kurtz. Opinion written by Judge Dunn
AFFIRMED district court's rejection of debtor's argument that 11 U.S.C. 522 (c) & (l) and "snapshot rule" permanently exempted homestead and its proceeds from post-certification sale of exempted...
Judge(s):
Stewart, Chief Judge, and DeMoss and Clement, Circuit Judges.
Finding no error in the bankruptcy court’s findings, the Eighth Circuit affirmed the bankruptcy court’s denial of reconsideration of an earlier order imposing sanctions on the appellent for...