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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

Home » 8th Circuit

Boyher v. Radloff (In re Boyher)

Citation:
No. 11-6077 (B.A.P. 8th Cir. March 9, 2012), 2012 Bankr. LEXIS 951
Ruling:
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
Tag(s):

Cawley v. Celeste (In re Athens/Alpha Gas Corp.)

  • Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
  • 14 years 1 month 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...
Judge(s):
Venters, Saladino, Nail
Tag(s):

Badami v. Sears (In re AFY, Inc.)

Citation:
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...
Judge(s):
Kressel, Schermer, and Venters
Tag(s):

Lange v. Mutual of Omaha Bank (In re Negus-Sons, Inc.)

  • Summarized by Mark Bossi , Thompson Coburn LLP
  • 14 years 3 months ago
Citation:
8th Circuit BAP, No. 11-6062 (December 22, 2011)
Ruling:
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...
Judge(s):
KRESSEL, Chief Judge, SCHERMER, and VENTERS.
Tag(s):

TLP Services, LLC v. Stoebner (In re Polaroid Corp.)

Citation:
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.
Tag(s):

Dunham v. Portfolio Recovery Associates, LLC

Citation:
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.
Tag(s):

Lincoln Savings Bank v. Freese (In re Freese)

Citation:
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...
Judge(s):
Schermer, Venters, and Saladino.
Tag(s):

Stoebner v. Consumers Energy Co. (In re LGI Energy Solutions, Inc.)

Citation:
Case Nos. 11-6045; 11-6046; 11-6047; 11-6048; 11-6049; 11-6050; 11-6051 (8th Cir. B.A.P. Dec. 8, 2011)
Ruling:
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...
Judge(s):
Federamn, Venters, and Nail
Tag(s):

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