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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

Deckard v. Interstate Bakeries Corp. (In re Interstate Bakeries Corp.)

Citation:
Deckard v. Interstate Bakeries Corporation (In re Interstate Bakeries Corporation), No. 11-1595, slip. op. (8th Cir. Jan. 25, 2013)
Ruling:
Eighth Circuit affirmed grant of summary judgment by bankruptcy court in favor of defendant/debtor on creditor's claim for civil penalties for debtor's failure to give notices required under the...
Judge(s):
Eighth Circuit Judges Bye, Gruender, and Shepherd.
Tag(s):

Bank of Nebraska v. Rose (In re Rose)

Citation:
2012 WL 6621185
Ruling:
The Bankruptcy Appellate Panel affirmed the Bankruptcy Court's decision excepting the bank's debt from discharge finding that the Bankruptcy Court correctly used the reasonable reliance standard in...
Judge(s):
Kressel, Schermer, Nail. Decision written by Judge Nail.
Tag(s):

Nessan v. Lovald

Citation:
Nessan v. Lovald, No. 12-1733 (8th Cir. Dec. 5, 2012)
Ruling:
In an unpublished opinion, the Eighth Circuit held that under applicable South Dakota law, the debtor's claimed exemptions in a truck, boat, and legal claim did not entitle the debtor to an...
Judge(s):
Per Curiam. Heard by RILEY, Circuit Judge, COLLOTON AND GRUENDER, Circuit Judges.
Tag(s):

Velde v. Border State Bank (In re HovdeBray Enterprises)

Citation:
Case No. 12-6035 (BAP 8th Cir. 2012)
Ruling:
In this preference action by the chapter 7 trustee, the BAP held that perfection of Border State Bank's (the "Bank") lien was within the preference period under Section 547(b) and that the floating...
Judge(s):
Federman, Venters, and Saldino
Tag(s):

Copeland v. Fink (In re Copeland)

Citation:
Copeland v. Fink (In re Copeland), Case No. 12-6034, ---B.R. ---- (8th Cir. B.A.P. November 20, 2012)(slip opinion) (Schermer, J.)
Ruling:
AFFIRMING the bankruptcy court, the BAP found that a Chapter 13 Plan should not provide for payment of non-priority, unsecured claims ahead other non-priority unsecured claims based solely on...
Judge(s):
Kressel, Schermer, and Nail
Tag(s):

Stoebner v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.)

Citation:
Stoebner v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.), Case No. 12-6043 (BAP 8th Cir. November 14, 2012)
Ruling:
Where the debtor acted as a payment intermediary between a utility and a customer and the contract between the debtor and customer required the debtor to remit funds to the utility, the contract...
Judge(s):
FEDERMAN, VENTERS and SALADINO
Tag(s):

Murphy v. Aurora Loan Services, LLC

Citation:
8th Cir. Court of Appeals (Case No 12-1398 - Filed Nov 8, 2012)
Ruling:
REVERSED the District Court's dismissal of quiet-title cause of action, AFFIRMED the dismissal of all the homeowners claims with prejudice, and REMAND for proceedings consistent with decision.
Judge(s):
Riley, Arnold and Gruender.
Tag(s):

The Samuel J. Temperato Revocable Trust v. Unterreiner (In re Unterreiner)

Citation:
No. 12-1138 (8th Cir. Nov. 8, 2012)
Ruling:
Affirming the Bankruptcy Appellate Panel’s reversal of the Bankruptcy Court, the Eighth Circuit held that the Samuel J. Temperato Revocable Trust (“the Trust”) was not entitled to summary...
Judge(s):
Melloy and Benton, Circuit Juges, and Kristine G. Baker, United States District Judge for the Eastern District of Arkansas, sitting by designation.
Tag(s):

Turpen v. Rouse (In re Turpen)

Citation:
Turpen v. Rouse, No. 12-6039 (BAP 8th Cir. November 2, 2012)
Ruling:
The court affirmed the bankruptcy court's ruling which held that Mo.Rev.Stat 513.440 does not provide an exemption for children who are not related - either biologically or through adoption - to...
Judge(s):
Kressel, Saladino, and Nail
Tag(s):

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