Phillips v. Phillips (Case No. 13-6019, October 30, 2013)
Ruling:
The BAP affirmed the decision of the bankruptcy court giving collateral estoppel effect to a state court judgment, finding that the debtor had converted assets of various parties and that the...
Affirmed. Restating the general rule, the Eighth Circuit observed that “[a] showing of fraud in the abstract is not sufficient” to obtain revocation of discharge under § 727(d)(1); “rather...
The Court of Appeals upheld the trial verdict that Debtor-brother's discharge should be vacated. First, the Court found the bankruptcy court could rely on the same evidence to establish both a...
Goben v. Corydon State Bank (In re Goben), No. 13-6039 (8th Cir. BAP 2013)
Ruling:
The 8th Circuit BAP affirmed the U.S. Bankruptcy Court for the Southern District of Iowa (Des Moines). The bankruptcy court sustained secured creditor's objection to Chapter 7 debtor's claim of...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
12 years 6 months ago
Citation:
11-2283
Ruling:
The Eighth Circuit affirmed the District Court holding that the appeals of the Debtor's principals and of an entity related to the Debtor must be dismissed. The Debtor's principals appealed from an...
The Eighth Circuit Court of Appeals ruled that the District Court properly enjoyed jurisdiction to decide a state court matter removed after involuntary bankruptcy was filed against Debtor. Citing...
Pennington-Thurman v. Bank of America, N.A., No. 13-6023 (October 21, 2013)
Ruling:
The BAP affirmed the bankruptcy court's conclusion that the debtor's allegations against her mortgage lender were without merit and, therefore, it did not abuse its discretion in denying the...
The Eighth Circuit Court of Appeals affirms the prior court rulings, denying contempt. It does so on three bases: (1) the Rooker-Feldman doctrine precludes consideration, (2) the Appellant...
