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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

U.S. Bank National Association v. SMF Energy Corp. (In re Interstate Bakeries Corp.)

Citation:
460 B.R. 222 (8th Cir.BAP 2011)
Ruling:
The 8th Circuit BAP AFFIRMED the Bankruptcy Court. The Panel held that the bankruptcy court did not abuse its discretion by extending the time for service of process of a complaint seeking...
Judge(s):
Kressel, Chief Judge; Saladino and Nail, Bankruptcy Judges
Tag(s):

Foellmi v. Ries (In re Foellmi)

Citation:
Foellmi v Ries (In re Foellmi), Case No. 12-6003, ---B.R. ---- (8th Cir. B.A.P. July 31, 2012)(slip opinion) (Venters, J.)
Ruling:
REVERSING the Bankruptcy Court, the BAP analyzed Minn. Stat § 550.37, Subd. 24 using the Supreme Court’s instructions on how to interpret 11 U.S.C. § 522(d)(10)(E), which deals with nearly...
Judge(s):
Federman, Venters, and Saladino, Bankruptcy Appellate Panel Judges
Tag(s):

Reshetar Systems, Inc. v. Thompson (In re Thompson)

Citation:
Thompson v. Thompson, No. 11-6008 (BAP 8th Cir. 2011)
Ruling:
The BAP affirmed the judgment of the Bankruptcy Court determining the debt owed to Reshetar Systems, Inc. by the debtor was not excepted from discharged under 11 U.S.C. Sections 523(a)(4) or (6).
Judge(s):
Schermer, Venters, and Nail
Tag(s):

Lovald v. Tennyson (In re Wolk)

Citation:
Lovald v. Tennyson (In re Wolk), Case No. 10-6050 (8th Cir.BAP Oct. 14, 2010)
Ruling:
The strong arm powers under section 544 provide the trustee with the powers of a bona fide purchaser. In South Dakota, a co-owner of property can overcome the presumption that property held as a...
Judge(s):
Kressel, Chief Judge, Federman, and Saladino, Bankruptcy Judges
Tag(s):

National Bank of Arkansas v. Panther Mountain Land Development, LLC (In re Panther Mountain Land Development, LLC)

Citation:
Case No. 11-1900 (8th Cir. July 25, 2012)
Ruling:
The automatic stay does not apply to an action against a Debtor's improvement districts formed under Arkansas law because the improvement districts are neither property of the Debtor nor the...
Judge(s):
Loken, Bye, and Melloy
Tag(s):

Bucher v. Dakota Finance Corp. (In re Whitaker)

Citation:
Bucher v. Dakota Finance Corporation (In re Whitaker), Case No. 12-6004, --- F.3d --- (B.A.P. 8th Cir. July 19, 2012) (slip opinion) (Federman, J.)
Ruling:
AFFIRMING the bankruptcy court’s orders dismissing trustees’ adversary proceedings against a tribe and its subsidiary, the Bankruptcy Appellate Panel for the Eighth Circuit held that both the...
Judge(s):
Federman, Venters, Saladino, Bankruptcy Judges.
Tag(s):

Reuter v. Cutcliff (In re Reuter)

Citation:
Case Nos. 10-6043 and 10-6069 (B.A.P. 8th Cir., Jan. 31, 2011)
Ruling:
AFFIRMING the bankruptcy court's orders (1) denying confirmation of the debtor's chapter 11 plan, (2) granting creditors' motion to convert case to chapter 7, and (3) entering judgment in favor of...
Judge(s):
Kressel, Saladino, and Nail.
Tag(s):

Kaler v. Charles (In re Charles)

Citation:
Kaler v. Charles (In re Charles), No. 12-6016 (B.A.P. 8th Cir. July 16, 2012)
Ruling:
Affirming bankruptcy court's denial of debtor's discharge under section 727(a)(4)(A) (debtor knowingly or fraudulently made a false oath).
Judge(s):
Bankruptcy Court (trial): Shon Hastings (D.N.D.); B.A.P. 8th Circuit (appeal): Hon. Barry Schermer (author of opinion), Hon. Robert Kressel (Chief Judge), and Hon. Jerry Venters
Tag(s):

Pearson Education, Inc. v. Almgren

Citation:
Pearson Education, Inc. v. Almgren, --- F.3d ---, 2012 WL 2865968 (8th Cir. July 13, 2012)
Ruling:
The Eighth Circuit Court of Appeals affirmed the orders of the Bankruptcy Court for the District of Minnesota striking the Appellants' demand for a jury trial on the amount of damages in relation...
Judge(s):
Murphy, Gruender, Ross (sitting by designation)
Tag(s):

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