The 8th Circuit BAP rules that the Debtor failed to establish the dischargeability of her student loans based on undue hardship where her long-time, live-in boyfriend pays more than half of her...
The commencement or continuation of a proceeding regarding domestic violence is not subject to the automatic stay. The court deferred to the plain meaning of the term "domestic violence" to...
The trustee's status as a bona fide purchaser under section 544 must be considered in the context of a motion under section 363(h). Failure to assert the argument at the lower level was not...
Summarized by Laura Bartell , Wayne State University Law School
15 years 5 months ago
Citation:
(8th Circuit, Dec 31,1969)
Ruling:
Bankruptcy court lacked subject matter jurisdiction over malpractice, negligence and breach of fiduciary duty claims by former debtor against its bankruptcy counsel, brought in state court and...
In a per curiam opinion, the Eighth Circuit Court of Appeals affirms the District Court and the BAP in related appeals regarding the ownership of real property and a settlement agreement between...
Chapter 13 plan that did not provide for full payment of Social Security income to general unsecured creditors, standing alone, will not prevent debtors from establishing good faith under 11 U.S.C....
Harman v. Fink (In re Harman), Case No. 10-6025, Eighth Circuit BAP (September 3, 2010)
Ruling:
The 8th Circuit BAP rules that joint debtors must combine their income for the purpose of determining the applicable commitment period for a Chapter 13 plan even though they maintain separate...