McCleary v. Reliastar Life Insurance Co., No. 11-3169 (8th Cir. June 29, 2012)
Ruling:
AFFIRMING District Court's finding on a motion for summary judgment that a chapter 7 trustee's sale of a claim against a probate estate, where the sole beneficiary of the probate estate is the...
Judge(s):
WOLLMAN and COLLOTON, Circuit Judges, and HICKEY, District Judge.
Shirley v. Smith (In re Shirley) Case No. 12-6012 (B.A.P. 8th Cir. June 15, 2012)
Ruling:
Under the Iowa Homestead statute, moving over two miles and declaring a new homestead is not a change in the limits of the homestead, and will not serve to extend the old homestead's exemption to...
Montgomery Bank, N.A. v. Steger, No 12-6018 (BAP 8th Cir., June 14, 2012)
Ruling:
The bankruptcy court's findings that there was no evidence that the Debtor had made a false statement to establish a claim under Section 523(a)(2)(A) and that the Bank had failed to identify a tort...
REVERSING the bankruptcy court's order denying the debtors' motion to avoid Commercial Bank's judicial lien, the Eighth Circuit BAP held that because both debtors' property would be exempt under...
Bushnell v. Bank of the West (In re Bushnell), Case No. 11-6083 (8th Cir. BAP May 8, 2012)
Ruling:
An owner of property in which the debtor has no legal or equitable interest is a party in interest in the debtor's bankruptcy case that may be entitled to seek and receive relief from the automatic...
Judge(s):
Kressel, Chief Judge, Schermer (wrote the opinion), and Federman, Bankruptcy Judges.
Johnson v. Fink, No. 11-6037 (BAP 8th Cir., November 2, 2011)
Ruling:
Once a chapter 13 plan is confirmed, it is binding upon the debtor unless the plan is modified and approved by the court under Sec. 1329(a) after a substantial change in circumstances. A plan...
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
14 years 1 month ago
Citation:
Cockhren v. MidWestOne Bank, Case No. 11-6067 (8th Cir. B.A.P. Apr. 9, 2012)
Ruling:
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit (the “8th Circuit B.A.P.”) affirmed the decision of the U.S. Bankruptcy Court for the Northern District of Iowa (the “Bankruptcy...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 1 month ago
Citation:
No. 10-6075 (B.A.P. 8th Cir. June 2, 2011)
Ruling:
Under Iowa law, the debtor was not entitled to the homestead exemption in property acquired months after the creditor obtained its judgment against the debtor. This is true even though the debtor...
Summarized by John Marck , OFFICE OF THE DISTRICT ATTORNEY
14 years 1 month ago
Citation:
Case No. 12-6008 (8th Cir. Apr. 5, 2012)
Ruling:
Affirmed bankruptcy court's order holding that mechanic liens attach to an earnest money deposit of the highest bidder at an auction sale of the property, who failed to purchase the property. Such...
Affirmed order of bankruptcy court sustaining objection of trustee to claim of exemption of annuity under Missouri state law. BAB concluded that prior ruling of bankruptcy court that annuity was...
Judge(s):
Kressel, Chief Judge, Schermer (writing). and Saladino522
