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Jared C. Walters, Trustee v. Jeanne A. Gallegos, et al.

Summarizing by David Treacy

Brian Lerbakken v. Sieloff and Associates, P.A.

Citation:
18-3415 (8th Circuit, Feb 07,2020) Published
Case Status:
Affirmed
Ruling:
Portions of the ex-spouse's exempt retirement accounts (a 401(k) and an IRA) are not exempt retirement funds in a debtor's Chapter 7 bankruptcy case commenced after the retirement funds are awarded...
Judge(s):
COLLOTON, WOLLMAN, and BENTON
Tag(s):

Marshall v. McCarty (In re: Marshall)

Citation:
18-6024 (8th Circuit, Feb 28,2019) Not Published
Case Status:
Affirmed
Ruling:
.Eighth Circuit held that the bankruptcy court did not abuse its discretion in dismissing Chapter 13 debtor's bankruptcy case for failing to comply with credit counseling requirements; despite...
Judge(s):
Saladino, Nail, and Dow
Tag(s):

CRP Holdings A-1, LLC v. O`Sullivan (In re O`Sullivan)

Citation:
No. 17-3226, 2019 WL 406685 (8th Circuit, Feb 01,2019) Published
Case Status:
Affirmed
Ruling:
Creditor's recording of a notice of foreign judgment created a cloud on debtor's title on his exempt homestead. Bankruptcy court could apply section 522(f) to clear the cloud on the title.
Judge(s):
Smith, Melloy, Stras
Tag(s):

First State Bank of Roscoe v. Stabler (In re Stabler)

Citation:
No. 17-1904, 2019 WL 362454 (8th Circuit, Jan 30,2019) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court properly held bank and its principal in contempt and sanctioned them for violating a final bankruptcy discharge injunction.
Judge(s):
Shepherd, Melloy, Grasz
Tag(s):

Marshall v. Deutsche Bank National Trust Co. (In re Marshall)

Citation:
No. 18-6022, 2019 WL 177965 (8th Circuit, Jan 14,2019) Not Published
Case Status:
Dismissed
Ruling:
A foreclosure sale in a bankruptcy case is not subject to modification by an appellate court unless the appellant receives a stay pending appeal.
Judge(s):
Saladino, Nail, Dow
Tag(s):

IN RE: Green Jacobson, P.C.

Citation:
No. 18-1134, 2018 WL 6815727 (8th Circuit, Dec 28,2018) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
8th Circuit affirmed dismissal by bankruptcy court (E.D. Mo.) of plaintiff's claim for disgorgement because no disgorgement had been ordered in the underlying class action. Thus, the bankruptcy...
Judge(s):
Loken, Benton, Shepherd
Tag(s):

IN RE: WIGLEY

Citation:
18-6004 (8th Circuit, Nov 09,2018) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court erred by allowing a judgment creditor's claim that arose from a judgment under the Minnesota Uniform Fraudulent Transfer Act when the claim had been satisfied by a payment by...
Judge(s):
Schermer, Nail, Shodeen
Tag(s):

IN RE: HEYL

Citation:
No. 18-6001 (8th Circuit, Oct 18,2018) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not err when dismissing the appellants' second nondischargeability complaint and denying appellants' subsequent motion for reconsideration. The bankruptcy court correctly...
Judge(s):
SALADINO, Chief Judge, DOW and SANBERG, Bankruptcy Judges
Tag(s):

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