In re- Jay Douglas Buchanan

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 7 months ago

Citation:

21-1856 (8th Circuit, Apr 22,2022) Published

Case Status:

Reversed and Remanded

Ruling:

The U.S. Court of Appeals for the Eighth Circuit (Circuit) reversed the grant of summary judgment by the bankruptcy court (BC), later affirmed by a bankruptcy appellate panel, in favor of Jay and...

Judge(s):

Lavenski R. Smith; Raymond W. Gruender; and Jonathan A. Kobes

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Practice and Procedure
• Valuation
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Lender Liability
• Real Estate
• Small Business
• Fed. R. Bankr. P. 3001(f); Fed. R. Bankr. P. 3003(c)(2); Fed. R. Bankr. P. 7056
• 11 U.S.C. § 523(a)(2)(A)

In re- Douglas A. Kelley

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 7 months ago

Citation:

20-3330 (8th Circuit, Apr 21,2022) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

In another appeal arising out of the Ponzi schemes of Thomas Peters (TP), the U.S. Court of Appeals for the Eighth Circuit partly diverged from the U.S. District Court for the District of...

Judge(s):

Bobby E. Shepherd; Steven M. Colloton; and Jane L. Kelly

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Lender Liability
• 11 U.S.C. § 546(e); 11 U.S.C. § 550; 11 U.S.C. § 551

Jill Olsen v. Lee Kraus

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 10 months ago

Citation:

20-2771 (8th Circuit, Jan 31,2022) Published

Case Status:

Affirmed

Ruling:

A defendant in a trial for conspiracy to breach fiduciary duty must specify the law and facts that would entitle the defendant to a judgment as a matter of law. The defendant and may not wait...

Judge(s):

LOKEN, COLLOTON, and BENTON

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation

(State of North Dakota, et al. v. Bala ), In re: Racing Services, Inc.

• Summarized by Mawerdi Hamid , Hennepin County Attorney’s Office
• 1 year 10 months ago

Citation:

No. 21-6007 (8th Circuit, Jan 07,2022) Not Published

Case Status:

Affirmed

Ruling:

The BAP affirmed the bankruptcy court's ruling sustaining the trustee's objections to: (1) the state's claim that a nonprofit, not the debtor, should recover the remaining tax settlement funds, and...

Judge(s):

Shodeen, Dow, and Ridgway

Tag(s):

• 8th Circuit
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Bankruptcy Taxation
• Govt. Claims/Sovereign Immunity
• Rule 7015
• 11 USC 105(a)

In re: BankAmerica Corporation

• Summarized by Amir Shachmurove , Reed Smith LLP
• 2 years 1 month ago

Citation:

19-3672 (8th Circuit, Oct 08,2021) Published

Case Status:

Affirmed

Ruling:

More than two decades after the shareholders of NationsBank and BankAmerica first filed securities law class actions after these two merged to form Bank of America Corp. (1999) and nearly two...

Judge(s):

James B. Loken; Jane L. Kelly; and Ralph P. Erickson

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Corporate Governance
• Court Administration
• Practice and Procedure
• Professional Compensation/Fees
• Valuation
• Venue/Jurisdiction
• Professional Practice Areas
• Commercial Fraud
• Finance and Banking
• Investment Banking
• Lender Liability
• Mass Torts
• Public Companies and Claims Trading
• Turnaround Issues

In re VeroBLue Farms USA, Inc.

• Summarized by Amir Shachmurove , Reed Smith LLP
• 2 years 4 months ago

Citation:

19-3413, 19-3487 (8th Circuit, Aug 05,2021) Published

Case Status:

Reversed and Remanded

Ruling:

Albeit agreeing with the district court that it (as well as itself) had statutory subject matter jurisdiction, the U.S. Court of Appeals for the Eighth Circuit (Panel) concluded that the district...

Judge(s):

James B. Loken; Steven L. Grasz; and Jonathan A. Kobes

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Corporate Governance
• Court Administration
• Creditors' Committee
• Legislation
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Business Reorganization
• Finance and Banking
• Small Business
• Fed. R. Bankr. P. 8002

Jerry Marsh v. Madison Resource Funding Group

• Summarized by Amir Shachmurove , Reed Smith LLP
• 2 years 4 months ago

Citation:

20-6018 (8th Circuit, Jul 21,2021) Published

Case Status:

Affirmed

Ruling:

Finding no error in the ruling, made by the U.S. Bankruptcy Court for the District of Minnesota (BC), on the amount of damages owed to Madison Resource Funding Corp. (Madison) by Jerry Marsh...

Judge(s):

Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Claims
• Fraud
• Practice and Procedure
• Discharge/Dischargeability
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Lender Liability
• Small Business
• Fed. R. Bankr. P. 7052
• 11 U.S.C. § 523(a)(2)(A); 11 U.S.C. § 101(5); 11 U.S.C. § 101(12)

In re John Finstad

• Summarized by Amir Shachmurove , Reed Smith LLP
• 2 years 4 months ago

Citation:

20-1857 (8th Circuit, Jul 21,2021) Published

Case Status:

Affirmed

Ruling:

In this latest chapter of a long-running dispute over farmland (Property) once owned by John and Lorie Finstad (Finstads)—and their second federal appeal involving that parcel’s ownership—the...

Judge(s):

James B. Loken; William D. Benton; and Jane L. Kelly

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Agriculture/PACA
• Business Reorganization
• Chapter 12/Farm Cases
• Finance and Banking
• Real Estate
• Small Business
• 11 U.S.C § 105; 28 U.S.C. § 157(b); 28 U.S.C § 1334

In re Adam R. Schiller

• Summarized by Amir Shachmurove , Reed Smith LLP
• 2 years 4 months ago

Citation:

21-6001 (8th Circuit, Jul 15,2021) Published

Case Status:

Reversed and Remanded

Ruling:

Remanding to the Bankruptcy Court for District of Minnesota (BC), the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) first vacate the BC's ruling denying a creditor's objection to the...

Judge(s):

Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraudulent Transfers
• Plan Confirmation
• Practice and Procedure
• Valuation
• Professional Practice Areas
• Business Reorganization
• Chapter 12/Farm Cases
• Finance and Banking
• Small Business
• Uniform Commercial Code/Article 9
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 3002(a); Fed. R. Bankr. P. 3015
• 11 U.S.C § 1225(b)(1); 11 U.S.C § 1225(a)(5); 11 U.S.C § 502(b)(9); 11 U.S.C § 506(a)(1); 11 U.S.C § 548(a)(1)

In re Ruby Jeane Sawyers

• Summarized by Lars Fuller , BakerHostetler
• 2 years 5 months ago

Citation:

No. 20-1130 (8th Circuit, Jul 02,2021) Published

Case Status:

Affirmed

Ruling:

8th Circuit affirmed ruling of BAP that affirmed bankruptcy court (ED Mo.) order avoiding creditor's judicial lien as impairing debtor's homestead exemption. Debtor's home was destroyed in fire...

Judge(s):

Loken, Grasz, Kobes

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Valuation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 522

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