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Manty v. Johnson (In re Johnson)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 12 years 1 month ago
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.)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 2 months ago
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.)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 3 months ago
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):

Schlehuber v. Fremont National Bank & Trust Co. (In re Schlehuber)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 12 years 3 months ago
Citation:
In Re Schlehuber, 8th Cir. Court of Appeals, No. 13-2070 [March 19, 2014][Unpublished]
Ruling:
In an unpublished per curiam opinion, the 8th Circuit Court of Appeals affirmed the ruling of the Bankruptcy Appellate Panel and the Bankruptcy Court, which held that a creditor has the standing...
Judge(s):
WOLLMAN, MURPHY, and SMITH,
Tag(s):

Young v. Young (In re Young)

  • Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
  • 12 years 3 months ago
Citation:
2014 WL 944846
Ruling:
The 8th Circuit BAP affirmed the Bankruptcy Court's imposition of sanctions pursuant to Rule 9011, but reversed the imposition of sanctions under the Bankruptcy Court's inherent powers, holding...
Judge(s):
Kressel, Schermer, and Shodeen
Tag(s):

Williams v. King

Citation:
No. 12-3701 (8th Cir. March 5, 2014).
Ruling:
Finding no error in the bankruptcy court’s findings, the Eighth Circuit affirmed the bankruptcy court’s denial of reconsideration of an earlier order imposing sanctions on the appellent for...
Judge(s):
Riley, Bye, and Gruender.
Tag(s):

Kaler v. Bala (In re Racing Services, Inc.)

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 12 years 3 months ago
Citation:
Kaler v. Bala (In re Racing Services, Inc.), Case No. 13-1086 (8th Cir. February 27, 2014)
Ruling:
Bankruptcy court award of the cash value proceeds of a former employee's life insurance policy to her employer (the debtor) was reversed by the Eighth Circuit on the grounds that the debtor held...
Judge(s):
Riley, Melloy, and Kelly
Tag(s):

Behrens v. US (In re Behrens)

Citation:
No. 13-6052 (8th Cir. B.A.P. February 12, 2014).
Ruling:
Affirming the bankruptcy court’s ruling, the Eighth Circuit Bankruptcy Appellate Panel held that a bankruptcy case or adversary proceeding may not be used as a means to collaterally attack a...
Judge(s):
Schermer, Nail, and Shodeen.
Tag(s):

Nielsen v. ACS, Inc. (In re Nielsen)

  • Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
  • 12 years 4 months ago
Citation:
2014 WL 503174 (8th Cir.)
Ruling:
The Eighth Circuit vacated the Bankruptcy Appellate Panel's order dismissing as untimely the debtor's appeal of the bankruptcy court's order dismissing her adversary proceeding because the...
Judge(s):
Wollman, Murphy and Smith
Tag(s):

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