Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
15 years 2 months ago
Citation:
No. 10-6019 (8th Cir. B.A.P. December 30, 2010)
Ruling:
The Bankruptcy Appellate Panel held that (1) the $30,000 loan was not an advancement under the Contract and was not secured by the Property, and (2) the bankruptcy court's approval of the sale was...
The 8th Circuit BAP reversed the bankruptcy court's ruling that a trailer modified for use as a residence was exempt under the Missouri homestead exemption. The BAP agreed with the Trustee's...
Summarized by Scott Gautier , Faegre Drinker Biddle & Reath LLP
15 years 3 months ago
Citation:
No. 10-6056 (8th Cir. Dec. 9, 2010)
Ruling:
Debtors' payments under a contract with a debt relief agency were not fraudulent conveyances under Bankruptcy Code section 548 even though (a) contract may have been illegal, void or voidable and...
An adversary challenging a completed 363 sale was considered in the context of Rule 60(b) in lieu of 363(m) because there had not been an appeal of the order approving the sale. BAP affirmed the...
United States Bankruptcy Appellate Panel for the 8th Circuit, Case No. 10-6042, November 23, 2010
Ruling:
The Eighth Circuit BAP rules that proceeds the debtor received from the sale of his home and certain personal property are exempt under North Dakota's homestead exemption statute. To the extent...