The Eighth Circuit Court of Appeals held that a post-petition increase in the debtor's equity in property in excess of the applicable homestead exemption, that occurs prior to conversion of the...
The U.S. Court of Appeals for the Eighth Circuit (Circuit) dismissed the appeals of the memorandum and order of the United States District Court for the Northern District of Iowa (DC) by two...
The U.S. Court of Appeals for the Eighth Circuit affirmed a bankruptcy court's order permitting a chapter 7 trustee to sell chapter 5 avoidance actions as property of the debtor's estate.
The Eighth Circuit Court of Appeals held that the cram down provision of Section 1225(a)(5)(B)(ii) requires the bankruptcy court evaluate the ultimate risk of nonpayment, therefore courts using a...
Affirming the denial of the motion to compel abandonment of the estate's interest in her home by Machele Goetz (Goetz) by the U.S. Bankruptcy Court for the Western District of Missouri (BC), the...
Judge(s):
Shon Hastings; Michael E. Ridgway; and Anita L. Shodeen
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit (the “BAP”) affirmed the decision of the U.S. Bankruptcy Court for the Southern District of Iowa (the “Bankruptcy Court”) granting...
Given that RFC's bankruptcy settlements were reasonable and entered into in good faith, the Eighth Circuit affirmed most of the judgment. The court agreed that the Client Guide granted RFC the...
As had the U.S. District Court for the Western District of Arkansas (DC), the U.S. Court of Appeals for the Eighth Circuit (Circuit) affirmed the order, issued by the U.S. Bankruptcy Court for the...
Judge(s):
James B. Loken; Morris S. Arnold; and Jonathan A. Kobes
The BAP for the 8th Circuit affirmed the bankruptcy court (D. Minn.) which denied the Debtor’s 27 motions, including requests to reopen the bankruptcy case, review prior rulings, and revisit the...
A creditor (not an investor) does not have standing to sue another creditor for aiding and abetting a fraud perpetrated by a Chapter 7 debtor if the estate could assert the claim. Such a claim, a...
