BAP for 8th Cir. affirmed ruling of bankruptcy court (WD Missouri-KC) dismissing couple's chapter 13 cases for serial, abusive filing. Couple had maintained possession of residence for over eight...
BAP for 8th Cir. affirmed judgment of bankruptcy court (WD Missouri - KC) applying 11 USC 547(c)(1) new value defense to preference suit claim. Senior creditor's release of liens for less than full...
An oversecured creditor’s claim for postpetition default interest under § 506(b) should be computed at the rate—default or nondefault provided in the parties’ agreement, and should be...
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...
.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...
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.
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...
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...
