Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
13 years 4 months ago
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Van Daele Bros., Inc. v. Thoms (In re Thoms), No. 12-1161 (8th Cir. Feb. 4, 2013) (unpublished opinion)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...
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.
Eight Circuit Court of Appeals, No. 11-3523 (January 11, 2013)
Ruling:
Where the debtor failed to assert an exemption in an asset prior to a hearing to consider a motion filed by the chapter 7 trustee for approval of a global settlement of the asset, the bankruptcy...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
13 years 6 months ago
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.
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In an unpublished opinion, the Eighth Circuit held that under applicable South Dakota law, the debtor's claimed exemptions in a truck, boat, and legal claim did not entitle the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.
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...
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...
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...
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.
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.
