William P. Jackson v. United States

• Summarized by Bradley Pearce , Pearce Law PLLC
• 2 months 1 week ago

Citation:

24-6002 (8th Circuit, Oct 25,2024) Published

Case Status:

Dismissed

Ruling:

A debtor's appeal from an order granting a creditor relief from the automatic stay becomes moot if circumstances change so that the court cannot grant any effective relief. Thus, (i) the debtor's...

Judge(s):

HASTINGS, Chief Judge, SURRATT-STATES, AND CONSTANTINE, Bankruptcy Judges

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy

TooBaRoo, LLC v. Olsen (In re Western Robidoux, Inc.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 2 months 2 weeks ago

Citation:

24-6006 (8th Circuit, Oct 21,2024) Published

Case Status:

Dismissed

Ruling:

The U.S. Bankruptcy Appellate Panel for the Eighth Circuit dismissed an appeal from a bankruptcy court's order granting a Chapter 7 Trustee's application to employ a law firm as special counsel. ...

Judge(s):

RIDGWAY, SURRATT-STATES, and JONES

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Fed. R. Bankr. P. 8004(d)
• 11 U.S.C. § 327(c) and (e)
• 11 U.S.C. § 328(c)
• 11 U.S.C. § 330(a)(1)

Douglas Kelley v. BMO Harris Bank N.A.

• Summarized by Jaden Banks , Nyemaster Goode P.C.
• 3 months 3 weeks ago

Citation:

23-2632 (8th Circuit, Sep 12,2024) Published

Case Status:

Reversed and Rendered

Ruling:

Because a bankruptcy trustee steps into the shoes of the debtor rather than shoes of a prepetition receiver, the defense of in pari delicto remains available to a defendant in an adversary...

Judge(s):

COLLOTON, BENTON, and SHEPHERD

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Lender Liability

Henry Stursberg Plaintiff - Appellant v. Morrison Sund PLLC Defendant

• Summarized by Bradley Pearce , Pearce Law PLLC
• 4 months 3 weeks ago

Citation:

23-1186 (8th Circuit, Aug 13,2024) Published

Case Status:

Affirmed

Ruling:

Dismissal of an involuntary bankruptcy petition under the abstention statute, 11 U.S.C. § 305(a), does not deprive the debtor of its rights to seek fees and damages under 11 U.S.C. § 303(i), and...

Judge(s):

SMITH, Chief Judge, LOKEN and COLLOTON

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Professional Compensation/Fees
• 303
• 305
• 7054

Ricky Hughes v. Wisconsin Central, Ltd.

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 6 months 6 days ago

Citation:

23-1410 (8th Circuit, Jun 25,2024) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The U.S. Court of Appeals for the Eighth Circuit (Circuit) held that Ricky Hughes (DR), a former chapter 13 debtor whose first plan payment dated nearly 10 years earlier, had the standing to...

Judge(s):

Ralph R. Erickson; Michael J. Melloy; and David Stras

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Debt
• Professional Practice Areas
• 11 U.S.C. § 554(d); 11 U.S.C. § 1322(d)(1); 11 U.S.C. § 1327(b); 11 U.S.C. § 1329(a)

Machele Goetz v. Victor Weber

• Summarized by Jaden Banks , Nyemaster Goode P.C.
• 10 months 4 days ago

Citation:

No. 23-2491 (8th Circuit, Mar 08,2024) Published

Case Status:

Affirmed

Ruling:

The Eighth Circuit Court of Appeals held that a post-petition increase in the debtor's equity in property in excess of the applicable homestead exemption, that occurs prior to conversion of the...

Judge(s):

SMITH, GRUENDER, SHEPHERD

Tag(s):

• 8th Circuit
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• 11 U.S.C. § 348; 11 U.S.C. § 541; 11 U.S.C. § 1306

The Security National Bank of Sioux City, IA v. Vera T. Welte Testamentary Trust

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 10 months 1 week ago

Citation:

22-3332 (8th Circuit, Mar 01,2024) Not Published

Case Status:

Dismissed

Ruling:

The U.S. Court of Appeals for the Eighth Circuit (Circuit) dismissed the appeals of the memorandum and order of the United States District Court for the Northern District of Iowa (DC) by two...

Judge(s):

Steven Colloton; Duane Benton; and Bobby Shepherd

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Mortgage
• Predatory Lending
• Professional Practice Areas
• Chapter 12/Farm Cases
• 28 U.S.C. § 158(d)(1)

Pitman Farms v. ARKK Food Co., LLC (In re Simply Essentials, LLC)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 4 months ago

Citation:

No. 22-2011 (8th Circuit, Aug 21,2023) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Eighth Circuit affirmed a bankruptcy court's order permitting a chapter 7 trustee to sell chapter 5 avoidance actions as property of the debtor's estate.

Judge(s):

Smith, Melloy, and Erickson

Tag(s):

• 8th Circuit
• Asset Sales
• Bankruptcy Litigation
• Practice and Procedure
• Fed. R. Bankr. P. 9019(b)
• 11 U.S.C. § 363(f)
• 11 U.S.C. § 541(a)

In re: William Howard Topp

• Summarized by Jaden Banks , Nyemaster Goode P.C.
• 1 year 5 months ago

Citation:

22-2577 (8th Circuit, Aug 02,2023) Published

Case Status:

Affirmed

Ruling:

The Eighth Circuit Court of Appeals held that the cram down provision of Section 1225(a)(5)(B)(ii) requires the bankruptcy court evaluate the ultimate risk of nonpayment, therefore courts using a...

Judge(s):

GRUENDER, ARNOLD, and KELLY

Tag(s):

• 8th Circuit
• Claims
• Chapter 12/Farm Cases

In re: MACHELE L. GOETZ

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 7 months ago

Citation:

22-6009 (8th Circuit, Jun 01,2023) Published

Case Status:

Affirmed

Ruling:

Affirming the denial of the motion to compel abandonment of the estate's interest in her home by Machele Goetz (Goetz) by the U.S. Bankruptcy Court for the Western District of Missouri (BC), the...

Judge(s):

Shon Hastings; Michael E. Ridgway; and Anita L. Shodeen

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Valuation
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Professional Practice Areas
• Finance and Banking
• 11 U.S.C. § 348(f); 11 U.S.C. § 541; 11 U.S.C. § 554; 11 U.S.C. § 1327(b)

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