Affirming the judgments of the BAP and Bankruptcy Court, the Eighth Circuit held that where a debtor's required monthly student loan repayment under the Income Contingency Payment Program (ICRP)...
Judge(s):
Wollman, Murphy, and Colloton, Wollman for the majority, Colloton concurring.
United States Court of Appeals for the Eighth Circuit, No. 10-2117, No. 2123, Appeals from the United States District Court for the Western District of Arkansas, August 12, 2011
Ruling:
The Court held that because the debtor was the beneficiary of a valid spendthrift trust under non-bankruptcy law, her interest in the distributions of net income from that spendthrift trust was...
The Eighth Circuit BAP affirmed the judgment against the Trustee in his turnover action that was predicated entirely upon an unjust enrichment claim. The BAP held that section 542(b) and not...
BAP, Case No. 11-6028, Appeal from the United States Bankruptcy Court for the District of Minnesota, August 3, 2011
Ruling:
The BAP reversed the bankruptcy court's order denying the secured lender's motion to remand replevin actions, which had been removed from state court to the bankruptcy court, because the matters...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
14 years 10 months ago
Citation:
No. 09-2871 (8th Cir. July 20, 2011)
Ruling:
In a decision that affirmed in part and reversed in part the BAP’s order, the Eight Circuit held that Clarence Burnett’s (“Mr. Burnett”) completed chapter 13 plan (the "Plan”) prevented...
No. 11-6027, Appeal from the United States Bankruptcy Court for the District of South Dakota, July 5, 2011
Ruling:
The BAP affirmed the decision of the bankruptcy court that the trustee had not met his burden under Section 363(b)(3) to show that the benefit to the estate from the sale of the debtor's residence,...
Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
14 years 11 months ago
Citation:
11-6009 (B.A.P. 8th Cir. June 14, 2011)
Ruling:
Collateral estoppel does not apply to the Debtor's plea of guilty to the crime of battery in the second degree. The issues in the dischargeability action are not essential to the judgment in the...
Since the debtor's lawyer appealed the motion to reconsider, the BAP held it would not review whether the order allowing the trustee to sell the property and pay the taxes as a surcharge against...
Under Iowa's homestead law, a residence is not exempt as to a debt that preceded acquisition of the property, unless and only to the extent, it was acquired with with the proceeds of a previous...
Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
14 years 11 months ago
Citation:
Case No. 10-6066 (B.A.P. 8th Cir. June 2, 2011)
Ruling:
(1) The bankruptcy court correctly determined that the debtor's challenge to the contract was subject to arbitration. (2) The bankruptcy court did not abuse its discretion by not tailoring an order...
