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Home » 8th Circuit

Copeland v. Fink (In re Copeland)

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 12 years 1 month ago
Citation:
Eighth Circuit Court of Appeals, No 12-4018 (Jan. 31, 2014)
Ruling:
The Eighth Circuit affirmed the lower courts' rulings that the debtors' proposed chapter 13 plan unfairly discriminated against other unsecured creditors by proposing to pay nondischargeable tax...
Judge(s):
Wollman, Smith, and Kelly
Tag(s):

Paul v. Allred (In re Paul)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 12 years 2 months ago
Citation:
In Re Paul, 8th Circuit Court of Appeals, No. 13-1747 (November 18, 2013)
Ruling:
The 8th circuit Court of Appeals affirmed the ruling of the bankruptcy court and bankruptcy appellate panel, that the debtor (Paul) could not claim the homestead exemption on rental property where...
Judge(s):
RILEY, Chief Judge, MELLOY and KELLY, Circuit Judges.
Tag(s):

Arvest Bank v. Cook (In re Cook)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 12 years 2 months ago
Citation:
No. 13-6014 (B.A.P. 8th Cir. Jan. 9, 2014)
Ruling:
Reversing the order of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel for the Eighth Circuit (“BAP”) held that a deed of trust was not void for lack of consideration and that a...
Judge(s):
Saladino, Nail and Shodeen, Bankruptcy Judges.
Tag(s):

Arvest Bank v. Cook (In re Cook)

Citation:
Arvest Bank v. Cook (In re Cook), Case No. 13-6014 (BAP 8th Cir., Jan. 9, 2014)
Ruling:
The BAP did not disturb the finding of the bankruptcy court that the Arvest Bank judgment lien had priority over Empire Bank's judgment lien; the BAP held that the guaranty obligations owed to...
Judge(s):
Saldino, Nail, and Shodeen
Tag(s):

Hardy v. Fink (In re Hardy)

Citation:
Hardy v. Fink (In re Hardy), Case No. 13-6029 (BAP 8th Cir., December 23, 2013 )
Ruling:
The BAP affirmed the ruling of the bankruptcy court that the fact that the additional child tax credit allowed under 26 U.S.C. 24 is available as a taxpayer for taxpayers whose income places them...
Judge(s):
Saldino, Nail, Shodeen
Tag(s):

LorCon LLC #1 v. Heyl (In re Heyl)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 3 months ago
Citation:
Lorcon LLC #1 & Conway v. Heyl (In re Heyl), Case No. 13-6022 (B.A.P. 8th Cir. December 12, 2013)
Ruling:
The BAP affirmed the bankruptcy court's denial of creditors'/plaintiffs' Rule 60(b)/FRBP 9024 motion to vacate judgment following the bankruptcy court's entry of judgment in favor of Chapter 7...
Judge(s):
Kressel, Saladino, Nail (Nail authoring)
Tag(s):

Behrens v. U.S. Bank National Association (In re Behrens)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 12 years 3 months ago
Citation:
In Re Behrens, 8th Cir. B.A.P. (13-6032), November 26, 2013
Ruling:
The 8th Cir. Bankruptcy Appellate Panel affirmed the bankruptcy court's order granting the secured creditor relief from the automatic stay to complete its foreclosure proceedings.
Judge(s):
Chief Judge Schermer, Federman and Shodeen
Tag(s):

Fischer v. Great Western Bank (In re Fischer)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 4 months ago
Citation:
Fischer v. Great Western Bank (In re Fischer), No. 13-6043 (BAP 8th Cir. November 18, 2013)
Ruling:
The Eighth Circuit BAP affirmed the bankruptcy court's denial of debtor's motion for contempt against lender. The BAP found that the bankruptcy court's order simply approving the stipulation did...
Judge(s):
Federman, Kressel, Nail
Tag(s):

Legendary Stone Arts, LLC v. Maness (In re Maness)

Citation:
Legendary Stone Arts, LLC v. Maness (In re Maness), Case No. 13-6037 (BAP 8th Cir., August 29, 2013)
Ruling:
The BAP affirmed the bankruptcy court's ruling that the defendant in this adversary action, Legendary Stone, LLC, had met its burden of presenting evidence that its representatives were not...
Judge(s):
Kressel, Saladino, and Shodeen
Tag(s):

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