Shaffer v. U.S. Department of Education (In re Shaffer), Case No. 12-6010 (8th Cir. BAP October 30, 2012)
Ruling:
Debtor met burden of proving by preponderance of evidence that educational loans were discharged on basis of undue hardship. Court employed "totality of circumstances" test (i.e., past present and...
In re Lewis and Clark Apartments, LP, ---F.3d --- (8th Cir. BAP October 11, 2012) (Federman, J.)
Ruling:
REVERSING and REMANDING, the 8th Cir. BAP held that a challenge to a valuation decision based on law and not fact is an appealable interlocutory order because the legal bases for valuation affect...
Williams & Wyse v. King, No. 12-6014 (BAP 8th Cir. 2012)
Ruling:
The 8th Circuit B.A.P. affirmed an Order of the Bankruptcy Court for the Western District of Missouri denying a motion to reconsider an Order awarding sanctions and directing a creditor to dismiss...
Judge(s):
8th Cir BAP: Kressel, Schermer, and Nail; U.S. Bankruptcy Judge for the Western District of Missouri: Dennis R. Dow.
The court held that, pursuant to the applicable provisions of Missouri's Uniform Commercial Code ("UCC"), SunTrust was a negotiable instrument and, therefore, Suntrust was allowed to enforce it and...
Lewis Brothers Bakeries Inc v. Interstate Brands Corp (In re Interstate Bakeries Corp.), No. 11-1850 (8th Cir. Aug 30 2012)
Ruling:
Following the Countryman test for an executory contract (whether obligations remain on both sides so underperformed that the failure of either party to complete performance of those obligations...
Judge(s):
Bye (majority author), Smith, and Colton (dissenting)
Abdul-Rahim v. LaBarge (In re Abdul-Rahim), No. 12-6037 (BAP 8th Cir. 2012)
Ruling:
8th Circuit BAP affirmed US Bankruptcy Court for the Eastern District of Missouri's ruling denying Chapter 13 debtors' exemption claimed in an unliquidated personal injury tort claim. The panel...
Fisette v. Keller, No. 11-3119 (8th Cir. BAP, September 12, 2012)
Ruling:
The BAP dismissed the US Trustee's appeal of the BAP's prior order order because that order was interlocutory in that "further judicial activity" by the bankruptcy court remained to be completed.
McDermott v. Swanson (In re Swanson), Case No. 12-6028 (8th Cir. BAP Aug. 17, 2012).
Ruling:
REVERSING and REMANDING the Bankruptcy Court decision, the 8th Circuit BAP found that although the failure to produce adequate financial records shifts the burden to the debtor to demonstrate a...
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
13 years 9 months ago
Citation:
In re Terry, --- F.3d ----, 2012 WL 3139364 (8th Cir. Aug. 3, 2012)
Ruling:
The 8th Circuit Court of Appeals REVERSED the 8th Circuit BAP and the Bankruptcy Court for the Western District of Missouri and REMANDED the case to the Bankruptcy Court for further proceedings...
