Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
12 years 7 months ago
Citation:
2013 WL 5273299 (8th Cir BAP 2013)
Ruling:
The Eighth Circuit BAP affirmed the Bankruptcy Court's ruling that the debt owed by the debtor to Bank of America is nondischargeable under Section 523(a)(4). The debtor received insurance checks...
Internal Revenue Service v. Lange, Chapter 7 Trustee
Ruling:
The BAP reversed the bankruptcy court's denial of the Internal Revenue Service's ("Government") motion for an evidentiary hearing on its Sec. 507(b) motion in the event the bankruptcy court found...
Summarized by Amy Quackenboss , American Bankruptcy Institute
12 years 8 months ago
Citation:
Patriot Coal Corp. v. Peabody Holding Co. (In re Patriot Coal Corp.), Case No. 13-6031 (B.A.P. 8th Cir, August 21, 2013)
Ruling:
In REVERSING the decision of the bankruptcy court, the Eighth Circuit Bankruptcy Appellate Panel held that Peabody Holding must continue to pay health-care benefits for certain retired miners and...
Judge(s):
FEDERMAN, Chief Judge, KRESSEL and SHODEEN, Bankruptcy Judges.
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 8 months ago
Citation:
In re Conway, 8th Cir. B.A.P. No. 13-6016 (August 21, 2013)
Ruling:
Reversed: The 8th Circuit Bankruptcy Appellate Panel, after a de novo review, reversed the U.S. Bankruptcy Court for the Eastern District of Missouri's ruling, that Ms. Conway's private loans were...
Hernandez v. Nebraska Department of Health & Human Services, Case No. 13-6010 (BAP 8th Cir., August 8, 2013)
Ruling:
The debt owed by the debtor to the Nebraska Department of Health & Human Services' ("DHHS") was in the nature of support for the debtor's child and, therefore, was a priority domestic support...
Affirming the judgment of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel for the Eighth Circuit (the “BAP”) held that (1) a junior lienholder lacked a cognizable injury...
Judge(s):
Federman, Chief Judge, Saladino and Nail, Bankruptcy Judges.
Applying the plain language of Fed. R. Civ. P. 15(c)(1), the Eighth Circuit affirmed the principle that whether the party seeking to amend a pleading knew when the original pleading was filed of...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 9 months ago
Citation:
Isaacson v. Manty (In re Isaacson) No. 12-2384 (8th Cir. Court of Appeals., July 19, 2013)
Ruling:
The 8th Cir. Court of Appeals upheld the District Court's affirmation of the Bankruptcy Courts imposition of sanctions against the plaintiff (Isaacson), for making factually unsupported,...
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
12 years 9 months ago
Citation:
Leitch v. Christians (In re Leitch), No. 13-6009 (8th Cir. B.A.P. Jul. 16, 2013)
Ruling:
The BAP on de novo review AFFIRMED the Bankruptcy Court's determinations that: (1) the Debtor's health savings account ("HSA") was not excluded from the Debtor's bankruptcy estate pursuant to...
Abdul-Rahim v. LaBarge (In re Abdul-Rahim), Case No. 12-3448 (8th Cir. 2013)
Ruling:
Eighth Circuit affirmed the BAP's decision which had affirmed the bankruptcy court's ruling that the holding of In re Benn, 491 F.3d 811 (8th Cir. 2007), compelled the conclusion that the debtor's...