Summarized by Karim Guirguis , American Bankruptcy Institute
15 years 1 day 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...
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...
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...
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...
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...
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...
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...
Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
15 years 1 month 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...
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...
