Bruess v. Dietz (In re Bruess)

Citation:
Bruess v. Dietz (In re Bruess), Case No 15-6019 (9th Cir. B.A.P. 2015)
Ruling:
Debtor's interest in real property was not acquired until deed was recorded and did not transfer upon execution of deed. Debtor's exemption in property limited to $155,675.00 pursuant to section...
Judge(s):
Schermer, Saladino and Nail
Tag(s):

Venture Bank v. Lapides

Citation:
Venture Bank v. Lapides (In re Lapides), Case No. 14-3085 (8th Cir., August 25, 2015)
Ruling:
Post-petition Change in Terms Agreement on third mortgage executed post-discharge and payments made thereunder were involuntary because agreement did not comply with the requirements of a...
Judge(s):
Loken, Bye, and Kelly, Circuit Judges
Tag(s):

Heritage Bank v. Woodward (In re Woodward)

Citation:
Heritage Bank v. Woodward (In re Woodward), Case No 15-6001 (8th Cir. B.A.P. August 13, 2015)
Ruling:
Creditor whose claim was allowed after litigation of an objection was an allowed claim for purposes of voting and plan confirmation and creditor could not argue that creditor was not a "creditor"...
Judge(s):
Federman, Schermer, and Shodeen
Tag(s):

Needler v. Casamatta (In re Miller Automotive Group, Inc.)

Citation:
Needler v. Casamatta (In re Miller Automotive Group, Inc.), Case No. 14-6047 (8th Cir. B.A.P. August 12, 2015)
Ruling:
Section 350 clearly provides statutory authority to reopen a closed case and there is no requirement that a bankruptcy court must expressly retain jurisdiction when dismissing a case in order to...
Judge(s):
Schermer, Saladino and Shodden (Bankruptcy Judges)
Tag(s):

Nutt v. Stafford Kees

Citation:
Nutt v. Stafford Kees et al., No. 14-3364 (8th Cir. Aug. 12, 2015)
Ruling:
The 8th Circuit reversed the district court (E.D. Ark. - Jonesboro), ruling that equitable successor liability did not render successor liable for delinquent contributions and breach of fiduciary...
Judge(s):
Gruender, Melloy, Benton
Tag(s):

Robb v. Harder (In re Robb)

Citation:
Robb v. Harder (In re Robb), No. 15-6003 (BAP 8th Cir. July 16, 2015)
Ruling:
The BAP for the 8th Circuit dismissed appeal for lack of jurisdiction. Debtor appealed order of bankruptcy court (W.D. Mo.- Jefferson City) overruling her objection to chapter 7 trustee's unsecured...
Judge(s):
Kreseel, Saladino, Shodeen
Tag(s):

Gatewood v. CP Medical, LLC (In re Gatewood)

Citation:
Gatewood v. CP Medical, LLC (In re Gatewood), Case No. 15-6008 (B.A.P. 8th Cir. July 10, 2015)
Ruling:
The filing of an accurate proof of claim for a time-barred debt containing all required information, including the timing of the debt, standing alone, is not a prohibited debt collection practice...
Judge(s):
Kressel, Saladino, and Shodeen, Bankruptcy Judges
Tag(s):

Strauss v. Cole

Citation:
Strauss v. Cole, No. 14-3302 (8th Cir. July 6, 2015)
Ruling:
Eighth Circuit affirmed district court ((W.D. Miss. - Jefferson City) and concluded there was no basis for reversal on defendants' appeal of grant of summary judgment in favor of trustee plaintiff...
Judge(s):
Smith, Bowman, Colloton
Tag(s):

Meyer v. U.S. Bank National Association

Citation:
Meyer Trust v. U.S. Bank National Association, App. No. 14-1560 (8th Cir. July 6, 2015)
Ruling:
A revocable trust's appeal of summary judgment on tortious interference claim was not inherently frivolous, but was frivolously argued, warranting the imposition of double costs as a Rule 38...
Judge(s):
Riley, Loken and Smith
Tag(s):

Bowles Sub Parcel A, LLC v. CW Capital Asset Mgt. LLC (In re Bowles Sub Parcel A, LLC)

Citation:
Bowles Sub Parcel A, LLC, et al. v. CW Capital Asset Mgt. LLC, et al. (In re Bowles Sub Parcel A, LLC, ), Nos. 14-1055, 14-1060, 14-1061, 14-1064, 14-1065 (8th Cir. July 1, 2015)
Ruling:
The 8th Circuit affirmed the affirmed the ruling of the bankruptcy court (D. Minn.), which determined that a default-interest provision in a loan agreement was a valid liquidated-damages provision...
Judge(s):
Gruender, Shepherd, Kelly
Tag(s):

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