Where the Bankruptcy Court hears an adversary claim brought through §523 and; no fiduciary relationship exists between Debtor and Creditor, which in bankruptcy requires express or technical trust...
Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
14 years 7 months ago
Citation:
No. 11-6040 (B.A.P. 8th Cir. October 5, 2011)
Ruling:
Affirmed. The bankruptcy court implicitly found that Midwest Oil and Yehud were substantially the same entity and has had its day in court four times already. First, because the bankruptcy court...
Reversed and remand to bankruptcy court of summary judgment in favor of plaintiff where there existed genuine issues of material fact in respect to (1) whether the financing arrangement should be...
Judge(s):
Hon. Barry S Schermer, Hon. Arthur B. Federman and Hon. Charles L. Nail
Danduran v. Kaler, No. 10-6042 (B.A.P. 8th Cir. 2010).
Ruling:
A debtor may engage in pre-bankruptcy planning to convert non-exempt assets to exempt assets if the record shows that the debtor's conversion was absent of fraudulent intent.
The Eighth Circuit BAP affirmed the appointment of a chapter 11 trustee in the involuntary bankruptcy case of a partnership based on numerous allegations of misconduct and and fraudulent behavior...
United States Court of Appeals for the Eighth Circuit, No. 10-2568
Ruling:
The court held that a purportedly secured lender's claims against non-debtor insiders of the borrower entity, which had been placed in federal court receivership, were not barred by the anti-suit...
Eighth Circuit held that the affirmative defense of 547(c)(5) is unavailable to creditors not holding a perfected security interest at the onset of the preference period. The court explained that...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
14 years 8 months ago
Citation:
No. 10-2757 (8th Cir. Aug. 30, 2011)
Ruling:
Affirming the District Court’s grant of summary judgment, the Eighth Circuit held that Green Tree Servicing, LLC (“Green Tree”) could vacate an office building it subleased (the...
Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
14 years 8 months ago
Citation:
11-6012 (B.A.P. 8th Cir. August 29, 2011)
Ruling:
Reversed and Remanded. First, section 1322(b)(2) does not bar a Chapter 13 debtor from "stripping off" a wholly unsecured lien on his principal residence. The first step of the analysis is to...
A bankruptcy court's approval of a settlement will be upheld unless no reasonable person could agree with the decision to approve the settlement. Deference is given to the court that has overseen...
