Heide v. Heide (In re Juve)

Citation:
Heide v. Heide (In re Juve), 8th Cir. Court of Appeals, No. 13-2054 (July 31, 2014)
Ruling:
The Court of Appeals for the 8th Circuit reversed the Bankruptcy Appellate Panel (BAP), which found that the bankruptcy court clearly erred in its factual findings, and directed reinstatement of...
Judge(s):
SMITH, BEAM, and BENTON, Circuit Judges. Judge Smith wrote the opinion
Tag(s):

Shaffer v. Bird, II (In re Bird, II)

Citation:
Shaffer v. Bird, II (In re Bird, II), No. 14-6003 (8th Cir BAP July 8, 2014)
Ruling:
The Eighth Circuit Court of Appeals affirmed the lower court's determination that a former bankruptcy trustee's breaches of fiduciary duty to bankruptcy estate constituted a non-dischargeable debt...
Judge(s):
Kressel, Nail, and Shodeen
Tag(s):

Lewis Brothers Bakeries Inc. v. Interstate Brands Corp.

Citation:
Lewis Brothers Bakeries Inc. v. Interstate Brands Corp., 8th Cir. Court of Appeals, No. 11-1850 [June 6, 2014]
Ruling:
In an En Banc decision, the 8th Circuit Court of Appeals reversed the judgment of the district court and bankruptcy court that held that the material and outstanding obligations of the licensing...
Judge(s):
RILEY, Chief Judge, WOLLMAN, LOKEN, MURPHY, BYE, SMITH, COLLOTON, GRUENDER, BENTON, SHEPHERD, and KELLY, Circuit Judges, En Banc.
Tag(s):

Pettry v. Patriot Coal Corp. (In re Patriot Coal Corp.)

Citation:
No. 14-6005 (8th Cir. B.A.P. June 5, 2014)
Ruling:
The B.A.P. affirmed the bankruptcy court’s denial of claimant’s motion for reconsideration of an order sustaining debtor’s omnibus objection to claims.
Judge(s):
Kressel, Saladino, and Shodeen.
Tag(s):

Ocwen Loan Servicing LLC v. Summit Bank (In re Francis)

Citation:
No. 13-1615 (8th Cir. April 25, 2014)
Ruling:
The Tenth Circuit affirmed the district court’s ruling that the doctrine of equitable subrogation would not operate to grant Ocwen a first-priority lien on certain real property owned by the...
Judge(s):
Wollman, Loken, and Kelly.
Tag(s):

Goldstein v. Diamond (In re Diamond)

Citation:
Goldstein v. Diamond (In re Diamond), Case No. 14-6001 (B.A.P. 8th Cir. Apr. 22, 2014)
Ruling:
A plaintiff filing a complaint objecting to discharge under 11 U.S.C. Sec. 523(a)(3)(B) is not required to move to reopen the underlying bankruptcy case. A bankruptcy court's jurisdiction arises...
Judge(s):
Federman, Kressel, and Saladino
Tag(s):

Manty v. Johnson (In re Johnson)

Citation:
In Re Johnson, 8th Circuit Bankruptcy Appellate Panel, No. 13-6050. (April 22, 2013)
Ruling:
The 8th Circuit Bankruptcy Appellate Panel reversed the ruling of the Bankruptcy Court permitting the Debtor’s claimed exemption in her property tax refund as a “government assistance". The 8th...
Judge(s):
FEDERMAN, Chief Judge, SCHERMER and NAIL, Bankruptcy Judges.
Tag(s):

Cox, Trustee v. Momar Inc. (In re Affiliated Foods Southwest Inc.)

Citation:
Cox v. Momar Inc., No. 13-1721 (8th Cir. April 10, 2014)
Ruling:
The 8th Circuit affirmed the U.S. District Court's (E.D. Arkansas) grant of summary judgment in favor of defendant, finding that ordinary course of business exception barred avoidability of...
Judge(s):
Wollman, Loken, Kelly
Tag(s):

Borm v. CitiMortgage, Inc. (In re Borm)

Citation:
CitiMortgage, Inc. v. Borm (In re Borm), Case No. 13-6065 (B.A.P. 8th Cir. Apr. 2, 2014)
Ruling:
Bankruptcy court abused its discretion in denying mortgage creditor's request for relief from automatic stay when debtors missed significant number of post-petition mortgage payments contrary to...
Judge(s):
Federman, Schermer, and Nail
Tag(s):

Stoebner v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.)

Citation:
Stoebner v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.), No. 12-3899 & No. 12-4011 (8th Cir. March 20, 2014)
Ruling:
The Eighth Circuit affirmed the BAP's allowance of new value as a preference offset, but reduced the amount of preference liability based on an incorrect calculation by the BAP. In an issue of...
Judge(s):
Loken, Gruender, and Shepherd
Tag(s):

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