Now Updating
GOLDMAN SACHS BANK USA, V RHEA ANN BROWN; GREGORY KEVIN MAZE

Summarizing by Timothy Anzenberger

CURTIS V. AMMEC INVESTMENTS, II, ET AL.

Summarizing by Paris Gyparakis

Pillar Capital Holdings, LLC v. Williams (In re Living Hope Southwest Medical Services, LLC)

Citation:
Case No. 12-2044 (8th. Cir. Court of Appeals - Western District of Arkansas) (April 26, 2013 - Unpublished)
Ruling:
AFFIRMING the judgment of the bankruptcy court and district court that post-petition payments to creditor-insider was a transfer avoidable by the chapter 7 trustee.
Judge(s):
Smith, Beam and Gruender.
Tag(s):

Nielsen v. ACS, Inc. (In re Nielsen)

Citation:
No. 12-2925 (8th Cir. Apr. 25, 2013) (per curiam)
Ruling:
Affirming the Bankruptcy Appellate Panel (the “BAP”), the Eighth Circuit Court of Appeals held that the bankruptcy court (the “BC”) did not clearly err in finding that the debtor failed to...
Judge(s):
Loken, Melloy, and Benton, Circuit Judges.
Tag(s):

Schlehuber v. Fremont National Bank & Trust Co. (In re Schlehuber)

Citation:
Schlehuber v. Fremont National Bank & Trust Co. (In re Schlehuber), No. 12-6063 (B.A.P. 8th Cir. April 9, 2013)
Ruling:
11 U.S.C. 706(b) states that on request of a party in interest, the court may convert a case under chapter 7 to a case under chapter 11. Thus, nothing in the statute requires that the debtor's...
Judge(s):
SCHERMER, NAIL, AND SHODEEN
Tag(s):

Bourgeois v. Bank of America (In re Bourgeois)

Citation:
Bourgeois v. Bank of America (In re Bourgeois), No. 12-6056 (8th Cir. BAP March 22, 2013)
Ruling:
Incarceration was not an exigent circumstance and Debtor did not meet the standard for a Motion for Relief from Final Judgment, Order or Proceeding under FRCP 59(e) and FRBP 9023.
Judge(s):
Chief Judge Federman, Judge Saladino, Judge Nail
Tag(s):

North American Banking Co. v. Leonard (In re WEB2B Payment Solutions, Inc.)

Citation:
No. 12-6047 (B.A.P. 8th Cir. Mar. 25, 2013)
Ruling:
Affirming the bankruptcy court (the “BC”), the Bankruptcy Appellate Panel (the “BAP”) for the Eighth Circuit held that a creditor loses its possessory lien in deposit accounts when it...
Judge(s):
Federman, Chief Judge, Schermer, and Nail, bankruptcy judges.
Tag(s):

Seaver v. Klein-Swanson (In re Klein-Swanson)

Citation:
8th. Cir BAP (Case No. 12-6054) - March 22, 2013
Ruling:
Reversal of the bankruptcy court's ruling in favor of the Chapter 7 trustee stating that (1) there was no transfer of funds under Section 549 or 550 to the debtor, (2) the trustee failed to show...
Judge(s):
Federman, Schermer and Nail.
Tag(s):

Smith v. State of Missouri (In re Smith)

Citation:
Smith v. State of Missouri (In re Smith), 12-6060 (8th Cir. BAP Feb. 5, 2013)
Ruling:
A debtor’s post-petition incarceration expenses under a Missouri Incarceration Reimbursement Act (MIRA) judgment were not discharged in bankruptcy. See Mo. Ann. Stat. Sec. 217.825-217.841. The...
Judge(s):
Kressel, Saladino, and Nail. Opinion written by Judge Kressel.
Tag(s):

Van Daele Bros., Inc. v. Thoms (In re Thoms)

Citation:
Van Daele Bros., Inc. v. Thoms (In re Thoms), No. 12-1161 (8th Cir. Feb. 4, 2013) (unpublished opinion)
Ruling:
The 8th Circuit Court of Appeals, AFFIRMING the 8th Circuit BAP and N.D. of Iowa Bankruptcy Court, ruled there was no clear error in the Bankruptcy Court’s finding that the creditor failed to...
Judge(s):
Loken, Beam, Smith
Tag(s):

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