Advanced Control Solutions, Inc. v. Justice

• Summarized by Karim Guirguis , American Bankruptcy Institute
• 14 years 10 months ago

Citation:

Advanced Control Solutions, Inc. v. Justice, No. 10-3168 (8th Cir. May 17, 2011).

Ruling:

Although a debtor has already converted his bankruptcy case from one under a Chapter 13 to one under Chapter 7, the bankruptcy court may use its discretion under § 707(b)(1) to reconvert the...

Tag(s):

• 8th Circuit

National Bank of Arkansas v. Panther Mountain Land Development, LLC (In re Panther Mountain Land Development, LLC)

• Summarized by Michael Tamburini , Levy Craig
• 14 years 11 months ago

Citation:

United States Bankruptcy Appellate Panel for the Eighth Circuit, Federman (Schermer, Venters), Appeal from the United States Bankruptcy Court for the Eastern District of Arkansas (Evans), No. 10-6086, April 15, 2011

Ruling:

The BAP affirmed the Bankruptcy Court's ruling that unusual circumstances existed to justify the application of Section 363(a)(3) to extend the automatic stay to non-debtor, State approved...

Tag(s):

• 8th Circuit

Arvest Mortgage Co. v. Nail (In re Nail)

• Summarized by William Joanis , JoanisKeenan
• 14 years 11 months ago

Citation:

No. 10-6061 (8th Cir. B.A.P., April 15, 2011)

Ruling:

Settlement proceeds debtors received from the builder of their home were not "Miscellaneous Proceeds," assigned under the terms of their mortgage. But if they were validly assigned, the failure to...

Tag(s):

• 8th Circuit

Edwards v. Edmondson (In re Edwards)

• Summarized by William Joanis , JoanisKeenan
• 14 years 11 months ago

Citation:

No. 10-605 (8th Cir. B.A.P., April 12, 2011)

Ruling:

Issues and evidence not submitted to the bankruptcy court should only rarely be considered by a court at the appellate stage, and those circumstances did not apply where the appellant merely raised...

Tag(s):

• 8th Circuit

Marcusen v. Glen (In re Glen)

• Summarized by Michael Tamburini , Levy Craig
• 14 years 11 months ago

Citation:

United States Court of Appeals for the Eighth Circuit, No. 10-2031, An Appeal from a Decision of the Eighth Circuit Bankruptcy Appellate Panel

Ruling:

A reduction in in the value of an unperfected lender's original equity, as a result of undisclosed subsequent perfected liens in the same property, is not sufficient to satisfy Section...

Tag(s):

• 8th Circuit

Brown v. Bank of North Dakota (In re Brown)

• Summarized by William Joanis , JoanisKeenan
• 14 years 11 months ago

Citation:

No. 10-6087 (B.A.P. 8th Cir. March 5, 2011)

Ruling:

Affirmed. Bankruptcy court's order denying confirmation of amended chapter 13 plan cannot be reviewed where Appellant failed to provide an adequate record for appeal of the decision. Appellate...

Tag(s):

• 8th Circuit

GAF Holdings, LLC v. Rinaldi (In re Farmland Industries, Inc.)

• Summarized by David Shemano , ShemanoLaw
• 14 years 11 months ago

Citation:

Eight Circuit Court of Appeals, No. 09-3049 (April 4, 2011)

Ruling:

The Court of Appeals ruled that an unsuccessful bidder at a bankruptcy auction does not have standing to seek damages based upn the results of the sale where the debtor determined that the bidder...

Tag(s):

• 8th Circuit

Bates v. BAC Home Loans (In re Bates)

• Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
• 14 years 12 months ago

Citation:

No. 10-6084 (B.A.P. 8th Cir. March 23, 2011)

Ruling:

Affirmed. Where a debtor has had two or more cases pending within the previous year that were dismissed, and neither case was a case refiled under a chapter other than chapter 7 after dismissal...

Judge(s):

Kressel, Saladino, and Nail

Tag(s):

• 8th Circuit

Fokkena v. Chapman (In re Chapman)

• Summarized by Michael Tamburini , Levy Craig
• 15 years 1 week ago

Citation:

No. 10-6046 (8th Cir. BAP, March 11, 2011)

Ruling:

The 8th Circuit BAP held that 11 U.S.C. 707(b)(1) of the Bankruptcy Code (the "Code") applies to Chapter 7 cases that have been converted from Chapter 13, thus permitting the Chapter 7 trustee to...

Judge(s):

Schermer, Saladino, and Nail.

Tag(s):

• 8th Circuit
• Consumer Bankruptcy

Treadwell v. Glenstone Lodge, Inc. (In re Treadwell)

• Summarized by Brendan Mockler , U.S. Attorney's Office
• 15 years 2 weeks ago

Citation:

8th Circuit Court of Appeals - No. 1499

Ruling:

The decision of the 8th Circuit BAP is reversed and vacated. The 8th Circuit remanded to the bankruptcy court for further factual findings.

Tag(s):

• 8th Circuit

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