Cutcliff v. Reuter

Citation:
Cutcliff v. Reuter, __ F.3d __, 2105 WL 3953147 (8th Cir. June 30, 2015)
Ruling:
The individual debtor did not have standing to appeal default judgment entered against a related limited liability company, although the co-trustee of a trust did have sufficient standing to do so....
Judge(s):
Loken, Melloy, and Gruender
Tag(s):

Lariat Co. Inc. v. Wigley (In re Wigley)

Citation:
Lariat Companies, Inc. v. Wigley (In re Wigley), No. 14-6043 (BAP 8th Cir. June 19, 2015)
Ruling:
The BAP for the 8th Circuit affirmed in part, reversed in part, and remanded to the bankruptcy court (D. Minn.-Minneapolis) after bankruptcy court sustained debtor's objection and capped creditor's...
Judge(s):
Federman, Nail, Shodeen
Tag(s):

Young v. Young (In re Young)

Citation:
2015 WL 3756720
Ruling:
Eighth Circuit affirmed bankruptcy court's imposition of sanctions on debtor's counsel for mischaracterizing post-petition alimony as pre-petition and for certifying that the debtor was current on...
Judge(s):
Loken, Melloy, and Gruender
Tag(s):

Hardy v. Fink (In re Hardy)

Citation:
No. 14–1181 (8th Cir. June 2, 2015)
Ruling:
Reversing the Bankruptcy Appellate Panel (BAP), the Court of Appeals for the Eighth Circuit held that a tax refund attributable to the federal Additional Child Tax Credit (ACTC) statute is a...
Judge(s):
Loken, Murphy, and Melloy, Circuit judges.
Tag(s):

Rogers v. Bank of America

Citation:
Rogers v. Bank of America, N.A., et al., No. 14-2841 (8th Cir. June 1, 2015)
Ruling:
The 8th Circuit affirmed the ruling of the district court (D. Minn.) granting defendants' motion to dismiss. The 8th Circuit agreed that plaintiff lacked standing to seek declaratory judgment that...
Judge(s):
Wollman, Beam, Colloton
Tag(s):

Seifert v. Carlson (In re Seifert)

Citation:
Seifert v. Carlson (In re Seifert), _ B.R. _, 2015 WL 3404317 (8th Cir. BAP May 22, 2015)
Ruling:
As the dispute over a chapter 12 debtor's exemption claim as to crop proceeds was not rendered moot by payment of those proceeds to a secured lender, the matter was reversed and remanded for...
Judge(s):
Federman, Nail, and Shodeen
Tag(s):

Kaler v. Slominski (In re Keeley and Grabanski Land Partnership)

Citation:
2015 WL 2237147
Ruling:
The bankruptcy court erred in calculating damages and offset under Section 550. The bankruptcy court incorrectly gave defendant an offset for costs of improvements after finding that he did not...
Judge(s):
Federman, Nail, and Shodeen
Tag(s):

Ritchie Captial Mgt., L.L.C. v. Kelley

Citation:
Ritchie Capital Management LLC v. Kelley, __ F.3d __, 2015 WL 1963696 (8th CIr. May 4, 2015)
Ruling:
Bankruptcy court approval of allocation of settlement proceeds was affirmed as the court did not abuse its discretion and had an adequate record to determine whether allocation was fair and in the...
Judge(s):
Bye, Beam, and Benton
Tag(s):

Carlson v. U.S. Bank (In re Carlson)

Citation:
Carlson v. U.S. Bank (In re Carlson) 8th Circuit Court of Appeals, No. 14-3563, April 27, 2015 [Unpublished]
Ruling:
In an unpublished per curiam opinion, the 8th Circuit Court of Appeals rejected Carlson’s legal arguments and affirmed the decision of the bankruptcy court, when the bankruptcy court denied his...
Judge(s):
LOKEN, BOWMAN, and KELLY, Circuit Judges.
Tag(s):

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