Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 5 months ago
Citation:
Case No. 11-6005 (8th Cir. B.A.P. Nov. 25, 2011)
Ruling:
The court affirmed the ruling of the bankruptcy court. The court found that the bankruptcy court did not abuse its discretion in ruling that the complaint was not barred by Fed. R. Bankr. P. 7004...
The Court of Appeals affirmed the Bankruptcy Appellate Panel's ruling. See 8th Cir. R 47 B.
Specifically, the court refused to consider an argument from the trustee indicating the burden of proof...
The BAP rules that a co-guarantor’s claim for fraud against the Debtors should not be excepted from discharge under Section 523(a)(2) because the Debtors did not obtain any money or property...
The Bankruptcy Appellate Panel reversed the bankruptcy court's ruling. In its reversal, the BAP ruled that the creditor's judicial liens are avoidable, reversed the bankruptcy court's denial of...
Judge(s):
Chief Judge - KRESSEL
Bankruptcy Judges - SCHERMER and SALADINO
United States Bankruptcy Panel for the Eighth Circuit, No. 11-6014
Ruling:
The BAP held that while the primary measure of fraud in Missouri is the claimant's benefit of the bargain, under certain circumstances, an "out of pocket" measure of damages is authorized and must...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 6 months ago
Citation:
Case No. 11-6007 (8th Cir. Oct. 20, 2011)
Ruling:
The Court ruled that because there was no equity in the real property at issue on the petition date, judgment liens held by certain judgment holders, who ended up recovering on their judgment liens...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 7 months ago
Citation:
Case No. 11-6018 (B.A.P. 8th Cir., Oct. 12, 2011)
Ruling:
The Bankruptcy Appellate Panel for the 8th Circuit reversed and remanded the bankruptcy court's ruling in favor of the Debtor's parents on a fraudulent transfer action, in which the bankruptcy...
Eight Circuit Court of Appeals, No. 11-6038 (October 11, 2011)
Ruling:
The Bankruptcy Appellate Panel ruled that where there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.
Banks v. Kondaur (In re Banks) Case No. 11-6025 - 8th Circuit (BAP October 2011)
Ruling:
Reverse and remand to bankruptcy court its previous summary judgment in favor of Defendant Kondaur Mortgage Corp. Specifically, in this case, because there was a material issue of fact regarding...
Judge(s):
Venters, Federman and Saladino - Bankruptcy Judges for the BAP.
