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Robb v. Harder (In re Robb)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 11 months ago
Citation:
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...
Judge(s):
Kreseel, Saladino, Shodeen
Tag(s):

Gatewood v. CP Medical, LLC (In re Gatewood)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 10 years 11 months ago
Citation:
Gatewood v. CP Medical, LLC (In re Gatewood), Case No. 15-6008 (B.A.P. 8th Cir. July 10, 2015)
Ruling:
The filing of an accurate proof of claim for a time-barred debt containing all required information, including the timing of the debt, standing alone, is not a prohibited debt collection practice...
Judge(s):
Kressel, Saladino, and Shodeen, Bankruptcy Judges
Tag(s):

Strauss v. Cole

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 11 months ago
Citation:
Strauss v. Cole, No. 14-3302 (8th Cir. July 6, 2015)
Ruling:
Eighth Circuit affirmed district court ((W.D. Miss. - Jefferson City) and concluded there was no basis for reversal on defendants' appeal of grant of summary judgment in favor of trustee plaintiff...
Judge(s):
Smith, Bowman, Colloton
Tag(s):

Meyer v. U.S. Bank National Association

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 10 years 11 months ago
Citation:
Meyer Trust v. U.S. Bank National Association, App. No. 14-1560 (8th Cir. July 6, 2015)
Ruling:
A revocable trust's appeal of summary judgment on tortious interference claim was not inherently frivolous, but was frivolously argued, warranting the imposition of double costs as a Rule 38...
Judge(s):
Riley, Loken and Smith
Tag(s):

Bowles Sub Parcel A, LLC v. CW Capital Asset Mgt. LLC (In re Bowles Sub Parcel A, LLC)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 11 months ago
Citation:
Bowles Sub Parcel A, LLC, et al. v. CW Capital Asset Mgt. LLC, et al. (In re Bowles Sub Parcel A, LLC, ), Nos. 14-1055, 14-1060, 14-1061, 14-1064, 14-1065 (8th Cir. July 1, 2015)
Ruling:
The 8th Circuit affirmed the affirmed the ruling of the bankruptcy court (D. Minn.), which determined that a default-interest provision in a loan agreement was a valid liquidated-damages provision...
Judge(s):
Gruender, Shepherd, Kelly
Tag(s):

Cutcliff v. Reuter

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 10 years 11 months ago
Citation:
Cutcliff v. Reuter, __ F.3d __, 2105 WL 3953147 (8th Cir. June 30, 2015)
Ruling:
The individual debtor did not have standing to appeal default judgment entered against a related limited liability company, although the co-trustee of a trust did have sufficient standing to do so....
Judge(s):
Loken, Melloy, and Gruender
Tag(s):

Lariat Co. Inc. v. Wigley (In re Wigley)

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 2 days ago
Citation:
Lariat Companies, Inc. v. Wigley (In re Wigley), No. 14-6043 (BAP 8th Cir. June 19, 2015)
Ruling:
The BAP for the 8th Circuit affirmed in part, reversed in part, and remanded to the bankruptcy court (D. Minn.-Minneapolis) after bankruptcy court sustained debtor's objection and capped creditor's...
Judge(s):
Federman, Nail, Shodeen
Tag(s):

Young v. Young (In re Young)

  • Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
  • 11 years 4 days ago
Citation:
2015 WL 3756720
Ruling:
Eighth Circuit affirmed bankruptcy court's imposition of sanctions on debtor's counsel for mischaracterizing post-petition alimony as pre-petition and for certifying that the debtor was current on...
Judge(s):
Loken, Melloy, and Gruender
Tag(s):

Hardy v. Fink (In re Hardy)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 11 years 2 weeks ago
Citation:
No. 14–1181 (8th Cir. June 2, 2015)
Ruling:
Reversing the Bankruptcy Appellate Panel (BAP), the Court of Appeals for the Eighth Circuit held that a tax refund attributable to the federal Additional Child Tax Credit (ACTC) statute is a...
Judge(s):
Loken, Murphy, and Melloy, Circuit judges.
Tag(s):

Rogers v. Bank of America

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 2 weeks ago
Citation:
Rogers v. Bank of America, N.A., et al., No. 14-2841 (8th Cir. June 1, 2015)
Ruling:
The 8th Circuit affirmed the ruling of the district court (D. Minn.) granting defendants' motion to dismiss. The 8th Circuit agreed that plaintiff lacked standing to seek declaratory judgment that...
Judge(s):
Wollman, Beam, Colloton
Tag(s):

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