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
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
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).
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
Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
13 years 9 months ago
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...
AFFIRMING the BAP order denying the turnover action of the Chapter 7 Trustee on the grounds that unjust enrichment claims exceeds the scope of 11 U.S.C. Section 542(a).
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...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 10 months ago
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...
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
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
13 years 10 months ago
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...
