Where a judgment creditor satisies a senior consensual lien on property of the debtor in preparation for a sheriff's sale, the judgment creditor is subrogated to the rights of the consensual...
The standard for review of a bankruptcy court's interpretation of its own order is "abuse of discretion," which is "nearly indistinguishable from the clearly erroneous standard." A bankruptcy...
Judge(s):
Federman, Nail, and Venters (writing), Bankruptcy Judges
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 3 months ago
Citation:
No. 11-6061 (B.A.P. 8th Cir. Feb. 1, 2012)
Ruling:
The Eighth Circuit affirmed the decision of the bankruptcy court denying a creditor's motion to determine his claim, on the grounds that the bankruptcy court lacked subject matter jurisdiction to...
In affirming the order from Chief Bankruptcy Judge Thomas L. Saldino for the District of Nebraska ruling in favor of various Sear's family members ("Appellees") and in denying Robert and Korley...
United States Bankruptcy Panel for the Eighth Circuit, No. 11-6065
Ruling:
The BAP held that the dispute involving the parties' respective claims regarding the life insurance policy in question was a core proceeding under 28 U.S.C. 157(b)(2), and that the bankruptcy court...
The 8th Circuit BAP rules that an amendment to a UCC financing statement filed by a third-party was authorized and effective in terminating a lender's security interest in the debtor's personal...
Eighth Circuit Court of Appeals, Docket no. 11-1553
Ruling:
On appeal, a creditor claimed the bankruptcy court had misapplied the three part test of Martin v. Commodity Credit Corporation (In re Martin), 761 F.2d 472 (8th Cir 1985), in permitting the use of...
Judge(s):
Federman, Venters, and Nail, Bankruptcy Judges, opinion by Nail.
Eighth Circuit Court of Appeals, Docket no. 11-1553
Ruling:
For the Purposes of the Fair Debt Collection Practices Act (FDCPA), a non-debtor mistakenly targeted by a debt-collection effort is a "consumer" protected by the Act. But while a person mistakenly...
Judge(s):
Melloy, Smith, and Benton, Circuit Judges, Opinion by Smith.
United States Bankruptcy Panel for the Eighth Circuit, No. 11-6055
Ruling:
The BAP affirmed the decision of the bankruptcy court denying the debtor's discharge under Section 727(a)(4)(A), based on the finding that the debtor knowingly omitted material information from his...
The Court reversed the bankruptcy court's ruling granting summary judgment in favor of the defendants, and remanded for further proceedings. The Court held that funds paid by the debtor's...
