Remanding to the Bankruptcy Court for District of Minnesota (BC), the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) first vacate the BC's ruling denying a creditor's objection to the...
Judge(s):
Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino
8th Circuit affirmed ruling of BAP that affirmed bankruptcy court (ED Mo.) order avoiding creditor's judicial lien as impairing debtor's homestead exemption. Debtor's home was destroyed in fire...
BAP for 8th Circuit affirmed ruling of bankruptcy court (ED Mo. - St. Louis) finding bifurcated fee charged by consumer debtor attorney was excessive for post-petition services where no...
The U.S. Court of Appeals for the Eighth Circuit (Circuit) affirmed the dismissal of an adversary complaint by the U.S. Bankruptcy Court for the Western District of Missouri (BC), that had sought...
Judge(s):
Raymond W. Gruender; William D. Benton; and Bobby E. Shepherd
BAP for 8th Circuit affirmed ruling of bankruptcy court (WD Missouri - KC) denying debtors' motions for (1) sanctions against attorney for creditor; (2) to alter or amend the order denying the...
BAP for 8th Cir. affirmed ruling of bankruptcy court (D. Neb.) granting debtors' motion for summary judgment on creditor's 11 USC 523 suit. There were no genuine issues of material fact and debtors...
The facts were sufficient to show that the debtor willfully and maliciously harmed his former employer, supporting the bankruptcy court's determination that a judgment debt was nondischargeable...
Affirming the bankruptcy court, the 8th Circuit Bankruptcy Appellate Panel (BAP) held that attorney fee awards related to enforce or defend issues involving child support, visitation or custody...
Judge(s):
Anita L. Shodeen, Dennis R. Dow, and Kathleen Hvass Sanberg
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit (BAP) affirmed the order, of the U.S. Bankruptcy Court for the Eastern District of Missouri (BC), denying relief requested by the debtor,...
Judge(s):
Anita L. Shodeen; Kathleen H. Sandberg; and Dennis R. Dow
The BAP affirmed the bankruptcy court (D. Neb.) in full in that cause existed to modify the automatic stay, because the Debtor was in default under the plan.
The BAP agreed with the bankruptcy...