Trust distributions that had become fully alienable and were no longer protected by spendthrift provisions were not excluded from the bankruptcy estate by § 541(c)(2) and were therefore available...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 5 months ago
Citation:
Curtis v. Segraves (In re Segraves), Case No 15-6021 (8th Cir. B.A.P. November 30, 2015)
Ruling:
Section 109 does not require a debtor to sign a statement of credit counseling under penalty of perjury, only to file a certificate from an approved agency that provided the debtor with the...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 5 months ago
Citation:
Dittmaier v. Sosne (In re Dittmaier), Case No. 15-1340 (8th Cir. November 17, 2015)
Ruling:
Missouri Revised Statue section 513.430.1(10)(a), providing for an exemption in the "right to receive . . . a public assistance benefit", is not applicable to public assistance benefits in the...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 6 months ago
Citation:
Bruess v. Dietz (In re Bruess), Case No 15-6019 (9th Cir. B.A.P. 2015)
Ruling:
Debtor's interest in real property was not acquired until deed was recorded and did not transfer upon execution of deed. Debtor's exemption in property limited to $155,675.00 pursuant to section...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 8 months ago
Citation:
Venture Bank v. Lapides (In re Lapides), Case No. 14-3085 (8th Cir., August 25, 2015)
Ruling:
Post-petition Change in Terms Agreement on third mortgage executed post-discharge and payments made thereunder were involuntary because agreement did not comply with the requirements of a...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 8 months ago
Citation:
Heritage Bank v. Woodward (In re Woodward), Case No 15-6001 (8th Cir. B.A.P. August 13, 2015)
Ruling:
Creditor whose claim was allowed after litigation of an objection was an allowed claim for purposes of voting and plan confirmation and creditor could not argue that creditor was not a "creditor"...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 8 months ago
Citation:
Needler v. Casamatta (In re Miller Automotive Group, Inc.), Case No. 14-6047 (8th Cir. B.A.P. August 12, 2015)
Ruling:
Section 350 clearly provides statutory authority to reopen a closed case and there is no requirement that a bankruptcy court must expressly retain jurisdiction when dismissing a case in order to...
Judge(s):
Schermer, Saladino and Shodden (Bankruptcy Judges)
Nutt v. Stafford Kees et al., No. 14-3364 (8th Cir. Aug. 12, 2015)
Ruling:
The 8th Circuit reversed the district court (E.D. Ark. - Jonesboro), ruling that equitable successor liability did not render successor liable for delinquent contributions and breach of fiduciary...
Robb v. Harder (In re Robb), No. 15-6003 (BAP 8th Cir. July 16, 2015)
Ruling:
The BAP for the 8th Circuit dismissed appeal for lack of jurisdiction. Debtor appealed order of bankruptcy court (W.D. Mo.- Jefferson City) overruling her objection to chapter 7 trustee's unsecured...
