The Eighth Circuit affirmed the bankruptcy court’s dismissal of Debtors’ case; however, it reversed the bankruptcy court’s decision barring Debtors from filing another case for a year. The...
The U.S. Court of Appeals for the 8th Circuit found that the district court erred by declining to dismiss Debtor’s appeal as statutorily moot. Parties must stay the sale of a bankruptcy...
The United States Bankruptcy Appellate Panel for the Eighth Circuit affirmed the United States Bankrutpcy Court for the District of South Dakota's dismissal of a pro se Chapter 13 petition...
The U.S. Court of Appeals for the Eighth Circuit held a bankruptcy court did not err in disallowing the chapter 7 debtors' claimed exemption in a prepetition, contingent, unliquidated personal...
The U.S. Court of Appeals for the 8th Circuit reversed and remanded the district court’s decisions against applying a joint stipulation between Plaintiff and Defendant and against applying...
In an appeal arising out of the converted chapter 7 case of Western Robidoux, Inc. (WRI), the U.S. Court of Appeals for the Eighth Circuit (Circuit), as had the U.S. District Court for the Western...
Judge(s):
Raymond Gruender; Jane L. Kelly; and L. Steven Grasz
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
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. ...
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...
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...
