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In re: DIANN MARIE CATES

Summarizing by Lars Fuller

Kip Richards v. Rabo AgriFinance, LLC

Citation:
19-6039 (8th Circuit, May 04,2020) Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's application of Nebraska's equitable estoppel rule to determine that the members of the chapter 11 debtor could not claim personal...
Judge(s):
SCHERMER, SHODEEN and SANBERG
Tag(s):

Murray Kentucky Energy, Inc. v. Ceralvo Holdings, LLC.

Citation:
19-6038 (8th Circuit, Apr 23,2020) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Cir. affirmed ruling of bankruptcy court (ED Missouri - St. Louis) denying asset purchasers' motion to enforce order confirming the debtors’ plan of reorganization and seeking to...
Judge(s):
Saladino, Nail, Sanberg
Tag(s):

John Finstad v. James Gord

Citation:
19-6035 (8th Circuit, Mar 27,2020) Published
Case Status:
Affirmed
Ruling:
State courts have concurrent jurisdiction to interpret confirmed reorganization plans. Confirmed plans are new contracts between debtors and creditors whose claims are addressed in the plan....
Judge(s):
SHODEEN, DOW, and SANBERG
Tag(s):

Deborah Steiner v. Wilmington Savings Fund Society

Citation:
19-6027 (8th Circuit, Mar 23,2020) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Cir. affirmed ruling of bankruptcy court (WD Missouri-KC) dismissing couple's chapter 13 cases for serial, abusive filing. Couple had maintained possession of residence for over eight...
Judge(s):
Saladino, Schermer, Shodeen
Tag(s):

Richard Lauter v. Wells Fargo Bank

Citation:
19-6013 (8th Circuit, Mar 19,2020) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Cir. affirmed judgment of bankruptcy court (WD Missouri - KC) applying 11 USC 547(c)(1) new value defense to preference suit claim. Senior creditor's release of liens for less than full...
Judge(s):
Saladino, Schermer, Shodeen
Tag(s):

Brian Lerbakken v. Sieloff and Associates, P.A.

Citation:
18-3415 (8th Circuit, Feb 07,2020) Published
Case Status:
Affirmed
Ruling:
Portions of the ex-spouse's exempt retirement accounts (a 401(k) and an IRA) are not exempt retirement funds in a debtor's Chapter 7 bankruptcy case commenced after the retirement funds are awarded...
Judge(s):
COLLOTON, WOLLMAN, and BENTON
Tag(s):

Marshall v. McCarty (In re: Marshall)

Citation:
18-6024 (8th Circuit, Feb 28,2019) Not Published
Case Status:
Affirmed
Ruling:
.Eighth Circuit held that the bankruptcy court did not abuse its discretion in dismissing Chapter 13 debtor's bankruptcy case for failing to comply with credit counseling requirements; despite...
Judge(s):
Saladino, Nail, and Dow
Tag(s):

CRP Holdings A-1, LLC v. O`Sullivan (In re O`Sullivan)

Citation:
No. 17-3226, 2019 WL 406685 (8th Circuit, Feb 01,2019) Published
Case Status:
Affirmed
Ruling:
Creditor's recording of a notice of foreign judgment created a cloud on debtor's title on his exempt homestead. Bankruptcy court could apply section 522(f) to clear the cloud on the title.
Judge(s):
Smith, Melloy, Stras
Tag(s):

First State Bank of Roscoe v. Stabler (In re Stabler)

Citation:
No. 17-1904, 2019 WL 362454 (8th Circuit, Jan 30,2019) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court properly held bank and its principal in contempt and sanctioned them for violating a final bankruptcy discharge injunction.
Judge(s):
Shepherd, Melloy, Grasz
Tag(s):

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