Lovald v. Hunter (In re Paul)
- Citation:
- (8th Circuit, Dec 31,1969)
- Judge(s):
- Federman
- Tag(s):
Mid-City Bank v. Skyline Woods Homeowners Association (In re Skyline Woods Country Club)
- Citation:
- No. 10-2618 (8th Cir. February 22, 2011).
- Ruling:
- Affirmed. The Eighth Circuit held that denial of the purchaser’s motion to reopen the bankruptcy case for the purpose of declaring a state court order void was not an abuse of discretion. ...
- Tag(s):
Islamov v. Ungar (In re Ungar)
- Citation:
- 8th Circuit Case No. 10-2395
- Ruling:
- (1) A creditor may be justified in relying on a debtor’s representations even though “[the creditor] made an investigation” but may “not turn a blind eye where a ‘patent’ falsity could...
- Tag(s):
Northland National Bank v. Lindsey (In re Lindsey)
- Citation:
- (8th Circuit, Dec 31,1969)
- Ruling:
- The BAP deferred to the bankruptcy court's fact-finding and affirmed the decision denying the 727 and 523 claims. In applying the standard of clear error, the BAP proceeded to review the elements...
- Judge(s):
- Nail, Kressel, and Saladino
- Tag(s):
Terry v. Standard Insurance Co. (In re Terry)
- Citation:
- Case No. 10-6058 (B.A.P. 8th Cir. January 28, 2011)
- Ruling:
- The Bankruptcy Appellate Panel reversed and remanded the bankruptcy court's order which held that 11 U.S.C. § 502(h) alone prevented Standard from asserting an equitable recoupment defense. The...
- Judge(s):
- Kressel, Chief Judge and Nail, Bankruptcy Judge. Saladino, Bankruptcy Judge dissenting.
- Tag(s):
Reuter v. Cutcliff (In re Reuter)
- Citation:
- No. 10-6043 (8th Cir. B.A.P. January 31, 2011).
- Ruling:
- Affirmed. Each point of error alleged by the debtor-appellant was rejected by the B.A.P. with a minimum of analysis or discussion—in each case, the appellant’s arguments were rejected as being...
- Tag(s):
Southeast Nebraska Cooperative Corp. v. Schnuelle (In re Schnuelle)
- Citation:
- (8th Circuit, Dec 31,1969)
- Ruling:
- The BAP affirmed the bankruptcy court's holding that the debt was not dischargeable under 523(a)(2)(A) and (B). After reiterating that clear error was the standard of review, the BAP first...
- Judge(s):
- Nail, Kressel, Schermer
- Tag(s):
Phegley v. Phegley (In re Phegley)
- Citation:
- 8th Circuit BAP, Case No. 10-6063, January 25, 2011
- Ruling:
- The 8th Circuit BAP rules that a Debtor's obligations for monthly maintenance payments and attorney's fees pursuant to a Missouri marriage dissolution proceeding are excepted from discharge...
- Judge(s):
- Kressel, Saladino, Nail
- Tag(s):
Robinson v. Wildlife Farms II, LLC, et at. (In re Tommy F. Robinson)
- Citation:
- (8th Circuit, Dec 31,1969)
Lange v. Inova Capital Funding, LLC, et al. (In re: Qualia Clinical Service, Inc.)
- Citation:
- No. 10-6021 (8th Cir. BAP Jan. 14, 2011)
- Ruling:
- Affirm decision of Bankruptcy Court avoiding security interest as a preferential transfer. BAP ruled that where a contract for the "purchase" of receivables provides for full recourse to the...
- Tag(s):