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

Summarizing by David Treacy

Home » 8th Circuit

Kemp v. U.S. Department of Education

Citation:
17-6032 (8th Circuit, Aug 24,2018) Published
Case Status:
Affirmed
Ruling:
In order to obtain a section 523(a)(8) discharge, a debtor must introduce a preponderance of evidence that shows that any obligation to repay student loan debt imposes an undue hardship on the...
Judge(s):
SALADINO, NAIL and SHODEEN
Tag(s):

U.S. Department of Labor v. Harris

  • Summarized by Camila Bersani , U.S. Bankruptcy Court
  • 5 years 4 months ago
Citation:
17-1261 (8th Circuit, Aug 03,2018) Published
Case Status:
Affirmed
Ruling:
Eight Circuit affirmed the judgment of the bankruptcy court finding debt owed to the Department of Labor (DOL) was non-dischargeable under 11 U.S.C. Section 523(a)(4), which excepts from discharge...
Judge(s):
SMITH, MURPHY and COLLOTON
Tag(s):

DAHLIN v LYONDELL CHEMICAL COMPANY

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 5 years 10 months ago
Citation:
16-3419 (8th Circuit, Jan 26,2018) Published
Case Status:
Reversed and Remanded
Ruling:
In this well-written opinion [author's opinion], the Eighth Circuit concluded that due process requires only that the debtor provide notice to "reasonably ascertainable," not "reasonably...
Judge(s):
SMITH, GRUENDER, BENTON
Tag(s):

Dering Pierson Group, LLC v. Kantos

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 11 months ago
Citation:
No. 17-6014 (8th Circuit, Jan 09,2018) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Cir. affirmed ruling of bankruptcy court (D. Minn - St. Paul) entering judgment on 523(a)(6) claim in favor of debtor. BAP found no error in bankruptcy court ruling that creditor failed...
Judge(s):
Nail, Schermer, Dow
Tag(s):

In re: Casey Drew O'Sullivan

Citation:
17-6012 (8th Circuit, Sep 22,2017) Published
Case Status:
Affirmed
Ruling:
Perhaps finally resolving an issue that has yo-yoed from the bankruptcy court to the Eighth Circuit, and cutting through the metaphysics of whether a judgment against only one spouse can become a...
Judge(s):
SCHERMER, NAIL, SANBERG, Bankruptcy Judges
Tag(s):

Charles Gabus Motors, Inc. v. Tirrell (In re Tirrell)

Citation:
17-6009 (8th Circuit, Sep 06,2017) Published
Case Status:
Affirmed
Ruling:
A debtor who has avoided dischargeability litigation by a settlement with the plaintiff-creditor cannot rely on weather or other "the dog ate my homework" excuses for his or her failure to strictly...
Judge(s):
SALADINO, SCHERMER, NAIL
Tag(s):

Twin City Pipe Trades Service Asso., Inc. v. Wenner Quality Services, Inc.

Citation:
16-1791 (8th Circuit, Aug 29,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In a case with the thinnest of connections to bankruptcy (the owners of the corporate defendant filed for bankruptcy relief; Sara Wenner then was dismissed from the federal ERISA litigation), the...
Judge(s):
SMITH, COLLOTON, KELLY
Tag(s):

State of Missouri Department of Social Services v. Spencer (In re Spencer)

Citation:
16-3182, 16-3183 (8th Circuit, Aug 22,2017) Published
Case Status:
Affirmed
Ruling:
A discharge granted to Chapter 13 debtors does not enjoin the state from post-discharge collection of non-dischargeable domestic support obligation, even if a portion of such obligation was...
Judge(s):
WOLLMAN and LOKEN, Circuit Judges, and NELSON (D. Minn,, sitting by designation)
Tag(s):

Gretter v. Greeter Autoland, inc. (In re Greeter Autoland, Inc.)

Citation:
16-3490 (8th Circuit, Jul 25,2017) Published
Case Status:
Dismissed
Ruling:
The appeal of the bankruptcy's denial of the debtors' motion to assume and assign automobile dealership agreements was moot because, among other reasons, the assignment would require the proposed...
Judge(s):
WOLLMAN, ARNOLD, GRUENDER
Tag(s):

Melikian Enterprises, LLP v. McCormick

Citation:
15-3983 (8th Circuit, Jul 11,2017) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court properly disallowed a claim filed by a secured creditor that failed to comply with Arizona state law for preserving the right to a deficiency following the foreclosure. Arizona...
Judge(s):
BENTON, SHEPHERD, STRAND (N.D. Iowa, sitting by designation)
Tag(s):

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