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In re: Philip Charles DeVries,

Summarizing by Amir Shachmurove

In re Barbara Wigley

Citation:
18-6027 (8th Circuit, Sep 25,2020) Published
Case Status:
Affirmed
Ruling:
Without referring to the Rooker-Feldman doctrine or any type of preclusion doctrine, the Bankruptcy Appellate Panel affirmed the bankruptcy court's holding that a state court judgment, which held...
Judge(s):
NAIL,SHODEEN,and DOW,BankruptcyJudges
Tag(s):

In re Racing Services

Citation:
No. 20-6002 (8th Circuit, Sep 16,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 8th Cir. affirmed in part and reversed in part ruling of bankruptcy court (D. ND - Fargo) disallowing claim due to lack of standing, untimeliness, and laches. Notwithstanding long period...
Judge(s):
Nail, Shodeen, Dow
Tag(s):

Douglas A. Kelley v. Gus Boosalis

Citation:
19-1079 (8th Circuit, Sep 11,2020) Published
Case Status:
Reversed and Remanded
Ruling:
Eighth Circuit reversed rulings of District Court (D. Minn) granting summary judgment on liquidating trustee's fraudulent transfer avoidance actions related to Ponzi Scheme clawback claims....
Judge(s):
Loken, Benton, Kelly
Tag(s):

In re Fansteel Foundry Corporation

Citation:
20-6005 (8th Circuit, Aug 07,2020) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court's decision that a debtor's payments to a vendor were not protected by the ordinary course of business defense (11 U.S.C. § 547(c)(2)) cannot be effectively reviewed on appeal...
Judge(s):
SALADINO, Chief Judge, SCHERMER and SANBERG, Bankruptcy Judges
Tag(s):

In re Christopher Boisaubin

Citation:
19-6040 (8th Circuit, May 14,2020) Published
Case Status:
Affirmed
Ruling:
Even though the debtor had no memory of the facts that gave rise to a cause of action that would have been an asset in his first bankruptcy case until after he had received a discharge in his...
Judge(s):
SALADINO, NAIL, and SANBERG
Tag(s):

In re Peabody Energy Corporation

Citation:
18-3242, 19-1767 (8th Circuit, May 06,2020) Published
Case Status:
Affirmed
Ruling:
The governmental entities' claims for damages for environmental damages, other than those recognized under environmental laws such as the Clean Water Act and CERCLA and state and local equivalents...
Judge(s):
GRUENDER, ARNOLD, and SHEPHERD
Tag(s):

Kip Richards v. Rabo AgriFinance, LLC

Citation:
19-6039 (8th Circuit, May 04,2020) Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's application of Nebraska's equitable estoppel rule to determine that the members of the chapter 11 debtor could not claim personal...
Judge(s):
SCHERMER, SHODEEN and SANBERG
Tag(s):

Murray Kentucky Energy, Inc. v. Ceralvo Holdings, LLC.

Citation:
19-6038 (8th Circuit, Apr 23,2020) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Cir. affirmed ruling of bankruptcy court (ED Missouri - St. Louis) denying asset purchasers' motion to enforce order confirming the debtors’ plan of reorganization and seeking to...
Judge(s):
Saladino, Nail, Sanberg
Tag(s):

John Finstad v. James Gord

Citation:
19-6035 (8th Circuit, Mar 27,2020) Published
Case Status:
Affirmed
Ruling:
State courts have concurrent jurisdiction to interpret confirmed reorganization plans. Confirmed plans are new contracts between debtors and creditors whose claims are addressed in the plan....
Judge(s):
SHODEEN, DOW, and SANBERG
Tag(s):

Deborah Steiner v. Wilmington Savings Fund Society

Citation:
19-6027 (8th Circuit, Mar 23,2020) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Cir. affirmed ruling of bankruptcy court (WD Missouri-KC) dismissing couple's chapter 13 cases for serial, abusive filing. Couple had maintained possession of residence for over eight...
Judge(s):
Saladino, Schermer, Shodeen
Tag(s):

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