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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):

State of Missouri Department of Social Services v. Spencer (In re Spencer)

Citation:
16-3182, 16-3183 (8th Circuit, Aug 22,2017) Published
Case Status:
Affirmed
Ruling:
A discharge granted to Chapter 13 debtors does not enjoin the state from post-discharge collection of non-dischargeable domestic support obligation, even if a portion of such obligation was...
Judge(s):
WOLLMAN and LOKEN, Circuit Judges, and NELSON (D. Minn,, sitting by designation)
Tag(s):

Gretter v. Greeter Autoland, inc. (In re Greeter Autoland, Inc.)

Citation:
16-3490 (8th Circuit, Jul 25,2017) Published
Case Status:
Dismissed
Ruling:
The appeal of the bankruptcy's denial of the debtors' motion to assume and assign automobile dealership agreements was moot because, among other reasons, the assignment would require the proposed...
Judge(s):
WOLLMAN, ARNOLD, GRUENDER
Tag(s):

Melikian Enterprises, LLP v. McCormick

Citation:
15-3983 (8th Circuit, Jul 11,2017) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court properly disallowed a claim filed by a secured creditor that failed to comply with Arizona state law for preserving the right to a deficiency following the foreclosure. Arizona...
Judge(s):
BENTON, SHEPHERD, STRAND (N.D. Iowa, sitting by designation)
Tag(s):

Combs v. The Cordish Companies, Inc.

Citation:
15-3265 (8th Circuit, Jul 05,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Claims based on events that occur after the filing of a voluntary Chapter 7 petition are not subject to judicial estoppel if the debtor fails to disclose and schedule such claims. The Court of...
Judge(s):
RILEY, WOLLMAN, KELLY
Tag(s):

Hernandez v. General Mills Federal Credit Union (In re Hernandez)

Citation:
16-3111 (8th Circuit, Jun 14,2017) Published
Case Status:
Affirmed
Ruling:
Affirming the decision of the district court (D. Minn.) that a creditor's debt was nondischargeable under § 523(a)(2)(A). The evidence showed that the debtor had defrauded the creditor by, among...
Judge(s):
BENTON, BEAM, MURPHY
Tag(s):

Sarachek v. Luana Savings Bank

Citation:
16-1856, 16-1955 (8th Circuit, Jun 15,2017) Published
Case Status:
Affirmed
Ruling:
Affirming the district court (N.D. Iowa), (1) deposits that were applied against "true overdrafts," as determined under Iowa law, were avoidable as preferences; whereas deposits that were applied...
Judge(s):
LOKEN, BEAM, BENTON
Tag(s):

Yuska v. Iowa Department of Revenue

Citation:
No. 16-6022 (8th Circuit, May 08,2017) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Circuit affirmed ruling of bankruptcy court (N.D. Iowa - Cedar Rapids) granting defendant's motion for summary judgment. BAP agreed that under Iowa law, administrative prior...
Judge(s):
Saladino, Kressel, Nail
Tag(s):

Helming v. Reed (In re Helming)

Citation:
No. 16-6033 (8th Circuit, May 04,2017) Published
Case Status:
Affirmed
Ruling:
Eight Circuit BAP affirmed ruling of bankruptcy court (W.D. Mo.-Jefferson City) denying debtor's claim of exemption in annuity under Missouri exemptions. Annuity, including income, was not exempt...
Judge(s):
Saladino, Schermer, Shodeen
Tag(s):

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