IN RE: WIGLEY

Citation:
18-6004 (8th Circuit, Nov 09,2018) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court erred by allowing a judgment creditor's claim that arose from a judgment under the Minnesota Uniform Fraudulent Transfer Act when the claim had been satisfied by a payment by...
Judge(s):
Schermer, Nail, Shodeen
Tag(s):

IN RE: HEYL

Citation:
No. 18-6001 (8th Circuit, Oct 18,2018) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not err when dismissing the appellants' second nondischargeability complaint and denying appellants' subsequent motion for reconsideration. The bankruptcy court correctly...
Judge(s):
SALADINO, Chief Judge, DOW and SANBERG, Bankruptcy Judges
Tag(s):

Kemp v. U.S. Department of Education

Citation:
17-6032 (8th Circuit, Aug 24,2018) Published
Case Status:
Affirmed
Ruling:
In order to obtain a section 523(a)(8) discharge, a debtor must introduce a preponderance of evidence that shows that any obligation to repay student loan debt imposes an undue hardship on the...
Judge(s):
SALADINO, NAIL and SHODEEN
Tag(s):

U.S. Department of Labor v. Harris

Citation:
17-1261 (8th Circuit, Aug 03,2018) Published
Case Status:
Affirmed
Ruling:
Eight Circuit affirmed the judgment of the bankruptcy court finding debt owed to the Department of Labor (DOL) was non-dischargeable under 11 U.S.C. Section 523(a)(4), which excepts from discharge...
Judge(s):
SMITH, MURPHY and COLLOTON
Tag(s):

DAHLIN v LYONDELL CHEMICAL COMPANY

Citation:
16-3419 (8th Circuit, Jan 26,2018) Published
Case Status:
Reversed and Remanded
Ruling:
In this well-written opinion [author's opinion], the Eighth Circuit concluded that due process requires only that the debtor provide notice to "reasonably ascertainable," not "reasonably...
Judge(s):
SMITH, GRUENDER, BENTON
Tag(s):

Dering Pierson Group, LLC v. Kantos

Citation:
No. 17-6014 (8th Circuit, Jan 09,2018) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Cir. affirmed ruling of bankruptcy court (D. Minn - St. Paul) entering judgment on 523(a)(6) claim in favor of debtor. BAP found no error in bankruptcy court ruling that creditor failed...
Judge(s):
Nail, Schermer, Dow
Tag(s):

In re: Casey Drew O'Sullivan

Citation:
17-6012 (8th Circuit, Sep 22,2017) Published
Case Status:
Affirmed
Ruling:
Perhaps finally resolving an issue that has yo-yoed from the bankruptcy court to the Eighth Circuit, and cutting through the metaphysics of whether a judgment against only one spouse can become a...
Judge(s):
SCHERMER, NAIL, SANBERG, Bankruptcy Judges
Tag(s):

Charles Gabus Motors, Inc. v. Tirrell (In re Tirrell)

Citation:
17-6009 (8th Circuit, Sep 06,2017) Published
Case Status:
Affirmed
Ruling:
A debtor who has avoided dischargeability litigation by a settlement with the plaintiff-creditor cannot rely on weather or other "the dog ate my homework" excuses for his or her failure to strictly...
Judge(s):
SALADINO, SCHERMER, NAIL
Tag(s):

Twin City Pipe Trades Service Asso., Inc. v. Wenner Quality Services, Inc.

Citation:
16-1791 (8th Circuit, Aug 29,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In a case with the thinnest of connections to bankruptcy (the owners of the corporate defendant filed for bankruptcy relief; Sara Wenner then was dismissed from the federal ERISA litigation), the...
Judge(s):
SMITH, COLLOTON, KELLY
Tag(s):

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